College and Adult Child Support in Virginia: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Virginia provision for court-ordered college support. The court may order support past 18 for a severely and permanently disabled child, and may confirm a parents’ agreement that extends support.

Does child support cover college in Virginia?

We found no provision that lets a court order support for college. The statute limits support past 18 to qualifying high school students and to disabled children (Va. Code 20-124.2(C)), though the court may confirm an agreement that extends support beyond when it would otherwise end. A college agreement should be written down and confirmed by the court.

Is there child support for a disabled adult child in Virginia?

Yes. The court may order support to be paid, or to continue, for a child over 18 who is severely and permanently mentally or physically disabled, where the disability existed before the child reached 18 (or 19 if the child met the student conditions), who is unable to live independently and support himself or herself, and who lives in the home of the parent seeking or receiving support (20-124.2(C)).

Where does the money go for a disabled adult?

On request, the court may order the support paid to a special needs trust or an ABLE savings trust account (20-124.2(C)). Ask the court before the 18th birthday.

How should a college agreement be written?

• Which costs are covered: tuition, housing, books or a cap.
• Each parent’s share and when payments are due.
• Grade or enrollment conditions and what happens if the child leaves school.
• An end date or maximum number of years.
• Court confirmation so it can be enforced.

Where do payments go?

Orders direct payment to the Department of Social Services in many cases and carry notice of withholding without a new application (20-60.3(1)-(2), (10)). Keep paying through the same channel until the order is ended.

Does the statute use the words severely and permanently?

Yes. The disabled-child provision speaks of a child who is severely and permanently mentally or physically disabled, unable to live independently and support himself or herself, living with the parent receiving support, with the disability beginning before 18 (20-124.2(C); text).

Do arrears still affect a passport after support ends?

They can. A state agency can certify arrears over $2,500 and federal law then requires refusal of a passport (42 U.S.C. 652(k)), even when the child is grown.

Is there a deadline to ask for the disabled-child order?

The statute does not set one in the text we read, but the disability must have existed before 18, so ask before the 18th birthday and bring the medical records (20-124.2(C)).

Can a college agreement be enforced?

If the parents’ agreement is confirmed by the court, it can be enforced like the support order (20-124.2(C)); unconfirmed agreements may need their own court action.

Can support be ordered against an estate?

No. The court has no authority to decree support of children payable by the estate of a deceased party (20-124.2(C)). Plan for insurance if you want to protect a college or special needs fund.

What are the age limits for a given birth date?

What about unpaid support from before?

It stays owed: see whether Virginia arrears expire or can be forgiven and the Virginia child support end date calculator.

Frequently asked questions

Official sources

• Va. Code 20-124.2: support past 18; disabled children
• Va. Code 8.01-251: limitations on enforcement of judgments
• Va. Code 20-78.2: arrears as judgments
• Va. Code 20-108: modification

This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.