Northern Virginia Family Law Firm Experienced in a Wide Variety of Child Custody Issues, Including Severe Disability
Arlington, Virginia Child Custody Attorney Puts 26 Years of Experience to Work for You and Your Family
The age of majority is the legal age at which time a person is no longer considered a minor according to state law. The majority of the states, including Virginia, uses 18 as the legal age of majority and in Virginia, child support typically stops when a child turns 18 or age 19 if the child remains in high school until they graduate from high school. However, there are certain situations when child support can be legally extended, such as if the child is severely emotionally and/or physically disabled, continues to live in the home of the parent seeking support, and cannot live independently. If your child is experiencing such difficulties, it is worth your time to investigate the possibility of extended court ordered child support.
Most courts define severely disabled as the inability of a adult child to sufficiently care for himself and live independently because of mental health impairment or physical incapacity. States differ regarding whether support for a disabled adult child should be determined by the state’s individual child support guidelines or by the child’s requirements and the parents’ ability to provide support.
Under Virginia law, parents have an obligation to support their children and child support may continue for a child over the age of 18 who is:
- Severely mentally or physically disabled
- Unable to live independently and support himself
- Residing in the home of the parent seeking or receiving child support
If you are a parent, who has a child residing with them, who is experiencing severe mental health issues that effect their executive functioning or have been severely impaired in their day to day functioning; or a parent of a child with severe physical disabilities, it is worth consulting with an experienced attorney, to determine if you may be able to continue to collect child support to help support your impaired adult child, beyond the age of majority. If it is determined that your child is likely to qualify for extended support, keep in mind that you will need expert evaluations and testimony to support your case. An experienced attorney can point you in the correct direction on these issues.
Contact an Experienced Virginia Family Law Attorney Today
What are your rights regarding child support for a disabled child over the age of 18? Claudia Zucker has been practicing family law in Virginia for more than twenty years, and she will have the answers that you and your family are looking for. Contact her online or call (703) 596-1005 to set up your initial consultation today.