If my parents are considering a divorce and I’m 18, from a legal standpoint is there anything I need to worry about?

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If my parents are considering a divorce and I’m 18, from a legal standpoint is there anything I need to worry about?

Asked on August 27, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Legally you are an adult.  Here is the law on child support:  The age of emancipation in Virginia is 18 years of age. Support may continue for any dependent child that is a full-time high school student and living in the home of the parent, until the child reaches age 19 or graduates from high school, whichever comes first. (Code of Virginia, 16.1-228).  Now, if you intend on going to college and your parents were going to help with that then they can surely agree to pay for college and to continue to support you until a date certain (finish or a certain age).  That can be done in a divorce agreement between your parents.  It is VERY important that it be written in the agreement.  And oral agreement between them is not going to be enforceable.  Now, whom you choose to live with - or if you choose to split your time - will probably be your choice.  The court can not order it given your age.  You also need to know who will provide your health insurance (which now by law can be extended well in to your 20's).  If you drive whose insurance you will be covered under.  Good luck to you all.


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