Some people may think continuing child support through college is a good idea (recipients) and some people may not (payors). House Bill 146 introduced on January 5, 2010 by Representative O’Bannon, by request, seeks to extend the child support obligation in Virginia up to age 23 for a child attending college.
Under current Virginia law, child support generally terminates when a child turns 18 years of age. However, child support will continue to be paid beyond age 18 for a child who is (i) a full time high-school student, (ii) not self-supporting, and (iii) living in the home of the party receiving support, until the child reaches the age of 19 or graduates high school, whichever first occurs. Child support can also continue after age 19 if the child is disabled, unable to live independently, and resides with the parent seeking support. Note that in both instances, the child has to reside with the recipient parent.
House Bill 146 did not address to whom the child support would be paid. It also provided for child support to resume for a child, actually an adult after age 18, under the age of 23 years even if the child support obligations previously ended.
Hypothetical: After divorce several years ago, father paid mother child support until child turned age 18. Child goes off to college, lives in the dormitory, comes home to do laundry every couple of weekends, and pays tuition, etc. from scholarships, grants, and loans. It is now three years later. This bill is enacted. Child is 21 years of age.
Scenario 1: If this bill were enacted into law, one parent could petition for child support from the other parent. The parents could then contest who has “custody” of a 21 year old adult in order to determine which parent paid support to the other. Custody and visitation for minors is determined by the best interest of the child factors at Va. Code 201-24.3. If the same factors continued to be applied, factor 8 is the preference of the child. What if the child says he or she wants to live independently of the parents?
Scenario 2: After the above described custody contest, the court orders one parent to pay the other child support. However, there is no requirement in the language of the bill that the child support be expended for the benefit of the child. Likewise, there is no legal obligation for the recipient of the child support to support the child. This can result in a windfall to the receiving parent.
House Bill 146 to extend the statutory child support obligation was stricken from the docket on January 22, 2010.
