Child Support Increase Virginia
In Cutshaw v. Cutshaw, 220 Va. 638, 261 S.E.2d 52 (1979), the parties' agreement provided for child support in the amount of $ 25 per week until the children left the mother's home or completed their undergraduate education. Id. at 639, 261 S.E.2d at 53.
During the infancy of the youngest child, the court increased the amount to $ 35 per week. Id. at 640, 261 S.E.2d at 53.
The Supreme Court reversed the trial court's order, which found an arrearage based on $ 35 per week for each week the father failed to pay after the youngest child reached majority.
In finding no jurisdiction to enforce the modified order, the Supreme Court of Virginia wrote:
A parent has the legal obligation to support his children only during their minority. Va. Code 20-61. Of course, this obligation does not preclude the parent from contracting to support the children after their minority.
However, where such contracts are incorporated into support decrees by a divorce court, they can only be modified by that court to the extent of its jurisdiction.
The jurisdiction of a court to provide for child support pursuant to a divorce is purely statutory. Jackson v. Jackson, 211 Va. 718, 719, 180 S.E.2d 500 (1971).
The relevant statutes only deal with the court's power to provide for support and maintenance of minor children. See Va. Code 20-103 through -109.1.
Once the child reaches majority, the jurisdiction of the divorce court to provide for his support and maintenance terminates unless otherwise provided by agreement incorporated into the divorce decree. See Eaton v. Eaton, 215 Va. 824, 213 S.E.2d 789 (1975); Paul v. Paul, 214 Va. 651, 203 S.E.2d 123 (1974). Id. at 641, 261 S.E.2d at 54.