Recalculating Support After One Child Turns 18 and Has Graduated High School

[sandy019]

My question involves child support in the State of: Virginia
My husband has been paying child support for his 2 children for the past 10 years. He has increased the amount he pays on his own even continuing to pay child care expenses the whole time even though it has been many years since either child has been in child care. He makes about 60,000 a year and the ex makes about 42,000 (this is being conservative). He pays her 428.00 every two weeks. His older son graduated early-June of this year and his ex says he needs to continue paying the same amount because the older son will be living with her while he attends college. My husband does not want to have to go to court and is not sure his legal right to lower child support to just pay for the one child he is now only legally responsible for. What is the best way to handle this? Maybe having a lawyer figure the two incomes in a worksheet? Should he be the one to contact a lawyer and have them send the worksheet to the ex-wife. Your thoughts please?

[Dogmatique]

He pays per his court order, period.

He cannot simply lower the amount unilaterally.

[0racle]

I'm running into the same thing in Oregon. If the order only specified one amount for two children, then you'll have to modify after the older one reaches the age of majority. But the full support ordered must be paid until a modification has been recorded. The new support will be recalculated for one child using both parents' income (assuming that's how they calculate support in your state). Depending on the laws in the state where the order resides, the 18 yr. old may or may not be included in the new calculation. Depends on whether there's a provision for support to children over 18 who attend school. Good luck!