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#213260 - 02/11/09 06:45 PM adult support
hdgha Offline
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Registered: 02/11/09
Posts: 4
My child turns 18 and lives in Oregon. The support order was done in Va. That order states high school or 18 whichever first. According to ors107.108 #13 my order should override further support to adult child for school. What is the best way to proceed with my request to uphold through the state's attny support division?

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#213278 - 02/12/09 06:51 AM Re: adult support [Re: hdgha]
dvd Offline
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Registered: 04/02/07
Posts: 4167
Are you sure that's how the order stated?

Support ends at 18, BUT if your child is still in high school, the child support will continue until he graduate OR reach 19 whatever comes first. Another word, if he won't graduate before 19, the CS stops.

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#213291 - 02/12/09 07:47 AM Re: adult support [Re: dvd]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
"Another word, if he won't graduate before 19, the CS stops."

Huh? Don't you mean in other words if won't graduate before the age of 19, the CS will continue?
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#213372 - 02/12/09 10:11 PM Re: adult support [Re: hdgha]
Sweety Offline
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Registered: 06/06/03
Posts: 1064
Loc: Beautiful Pacific Northwest
With a little googling, I found this on the Virginia Social Services webpage:

When does support stop being owed? My child will turn 18 soon.

You will need to refer to your order for support. Virginia DCSE will enforce the existing order for current support until the order stipulates the child emancipates.

If your support order is for more than one child, the order is not necessarily automatically reduced when one child emancipates. While virginia laws were changed in 1996 to stipulate that children are entitled to support until the age of 19 or graduation from high school, whichever occurs first, this law does not take precedence over prior orders (the new law was not retroactive). Also, other states may have different laws.

Your order may need to be modified in order to collect current support for a child after he/she is 18 years old. If you think the order needs to be modified to continue support beyond your child's 18th birthday because he/she will still be a full-time high school student, and you have a case with DCSE, you will need to contact the District Office that manages your case at least six months prior to your child's 18th birthday.

If you do not have a case with DCSE, you will need to contact the court and/or a private attorney.

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#213433 - 02/13/09 05:09 PM Re: adult support [Re: hdgha]
hdgha Offline
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Registered: 02/11/09
Posts: 4
I did mean 19 or graduate whichever comes first. The order was done in Va but is collected in Or.

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#213434 - 02/13/09 05:10 PM Re: adult support [Re: Sweety]
hdgha Offline
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Registered: 02/11/09
Posts: 4
You are right about the Va order but this is handled in OR.

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#213470 - 02/14/09 03:48 PM Re: adult support [Re: hdgha]
IndyTex Offline
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Registered: 01/04/04
Posts: 815
Loc: Dnet Since 1995!
Doesn't matter where it's collected.....its where the order stands. Does your ex reside in VA?

If one party still resides in the state where the order stands--that state will retain the order. If neither party lives there you can have the order reset in the state where the child resides but I think this would require you to go through a modification of your support order.


Edited by IndyTex (02/14/09 03:50 PM)

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#213675 - 02/17/09 04:12 PM Re: adult support [Re: IndyTex]
hdgha Offline
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Registered: 02/11/09
Posts: 4
No my ex is in OR and the order is Va.

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#213682 - 02/17/09 05:54 PM Re: adult support [Re: hdgha]
finallydone Offline
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Registered: 01/07/07
Posts: 928
Unless the case has been moved to OR then I believe the VA order should stand. My order is from VA and the statutes only require the support until the child graduates from high school or the age of 18, unless the child is still in HS and living in my home. As a parent of a child who will graduate after she turns 18 (late birthday) I know the support will end the June she graduates after turning 18. Now if she screws up and doesn't graduate until after her 19th birthday it doesn't matter - support will end when she turns 19.

Obviously if the order was put in place pre-1996 and it hasn't been modified then I'd think support stops at 18. Are you still in VA? Is your ex trying to get the order moved to Oregon? My divorce took place in VA (I live in a different state) and my attorney told me that as long as my ex lived in VA they would more than likely hold jurisdiction over matters relating to the support of the minor child.


Edited by finallydone (02/17/09 05:55 PM)

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