In the case of Mayer v. Mayer, the Virginia Court of Appeals, in a published opinion, ruled that a mother was entitled to child support for her daugther who was over the age of 18 even though the mother didn't make her request until after the daugther was 18. This case was governed by Virginia Code Section 20-124.2(C). That statute states, in pertinent part:
The court may order that support be paid for any child of the parties. The court shall also order that support will continue to be paid for any child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until such child reaches the age of 19 or graduates from high school, whichever first occurs. The court may also order the continuation of support for any child over the age of 18 who is (i) severely and permanently mentally or physically disabled, (ii) unable to live independently and support himself, and (iii) resides in the home of the parent seeking or receiving child support.
Pursuant to the final divorce decree, which incorporated the parties’ property settlement agreement, father was ordered to pay $900 in monthly child support for daughter until daughter “reaches the age of 18 years unless she is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party seeking or receiving child support until the child reaches the age of 19 or graduates from high school, whichever first occurs.
On May 10, 2012, mother filed a petition in the trial court seeking the payment of continuing child support by father.Father moved to dismiss mother’s petition, contending that the trial court lacked subject matter jurisdiction to consider mother’s petition and that mother lacked standing to petition for continuing child support. Essentially, father asserted that mother’s May 10, 2012 petition for continuing child support was untimely filed. Father alleged that daughter had already turned the age of 18 on January 8, 2012 and had also earned her general equivalency degree (GED) on April 19, 2012 before mother filed her petition. Thus, father contended that his responsibility to pay child support under the final divorce decree had already ended when mother filed the May 10, 2012 petition for continuing child support.
The daughter has been diagnosed with several conditions and disorders: fibromyalgia, Tourette’s disorder, obsessive compulsive disorder, mood disorder NOS [not otherwise specified], and attention deficit hyperactivity disorder.
It did not matter that mother waited to petition for continuing support until after the child turned 18. Mother had standing to bring the suit and the evidence supporting a finding that the parties' daugther was severely and permanently mentally or physically disabled.
Comments