Howell v. Goode, 223 W. Va. 387

Summary

The Supreme Court of Appeals of West Virginia held that child support could continue beyond a child's eighteenth birthday where the child remained unmarried, lived with a parent, attended high school full time, and made substantial progress toward a diploma through an individualized education program. The court reversed and remanded with directions to extend the support obligation until the child's twentieth birthday, the statutory termination date.

Holdings

1. Under West Virginia Code § 48-11-103, a child may be making substantial progress toward a diploma even after completing the minimum requirements for graduation, so long as the child remains unmarried, resides with a parent, guardian, or custodian, is enrolled full-time in a secondary or vocational program, and continues progressing toward a diploma. Completion of minimum educational requirements does not itself terminate support before the child receives a diploma or reaches age twenty.
2. The lower court abused its discretion by failing to find good cause for continuation of child support because the evidence established that R.J. met the statutory conditions for continued support.

Questions Presented

1. Whether West Virginia Code § 48-11-103 permitted continuation of child support after the child completed the minimum educational requirements for graduation but remained enrolled full-time in high school, had not received a diploma, and was making substantial progress toward a diploma through an individualized education plan.
2. Whether the lower courts abused their discretion by finding no good cause to continue child support under the statute.

Disposition

reversed_and_remanded