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caphillsm

Child Support Question

caphillsm
14 years ago

DH pays child support at a level agreed upon in his divorce decree (a deviation from state guidelines) We are hoping that when older SS graduates from HS this June (and turns 18 same month) we can re-direct some of the support that went to him to an institution of higher education (whatever he ends up chosing) Or, if he defers going to college, we can set up an account for him if and when he chooses to go.

Here is the question: When SS1 turns 18, we understand our attorney needs to file a modification with the court. Someone told me that it doesnt just get divided in half, in fact, the court rarely divides support in half when one child reaches 18.

Decree is in Virginia.

Here is how it reads: "Defendant shall pay plaintiff by electronic funds transfer for child support the monthly sum of $xx on the 1st of each month and continuing thereafter on the same day of each month and said payments shall continue for each child until the child attains the age of eighteen (18), provided, however, is said child is a full-time hs student, then the support shall continue until nineteen (19)"

DH and I are wondering if this means the court decides how much to reduce child support, since it isnt spelled out?

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