COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Elder and Bumgardner 

HERBERT WILMER WALKER 

 MEMORANDUM OPINION*

v. Record No. 1266-97-4 PER CURIAM 

 FEBRUARY 3, 1998 

SHARON ANN WALKER MAY 

FROM THE CIRCUIT COURT OF PAGE COUNTY 

Perry W. Sarver, Judge 

 (Ronald R. Tweel; William C. Scott, IV; 

Michie, Hamlett, Lowry, Rasmussen & Tweel, on 

briefs), for appellant. 

 (John P. McNeill, on brief), for appellee. 

 Herbert Wilmer Walker (Walker) appeals the decision of the 

circuit court finding him liable for an arrearage in child 

support for his daughter, Christina. Walker contends that the 

trial court erred in finding that (1) he had a continuing 

obligation under the March 11, 1991 order to pay child support 

beyond when his daughter turned eighteen and graduated from high 

school, and (2) the court had jurisdiction to order him to pay 

child support for a child no longer entitled to support under 

Virginia statutory law. Upon reviewing the record and briefs of 

the parties, we conclude that this appeal is without merit. 

Accordingly, we summarily affirm the decision of the trial court. 

See Rule 5A:27. 

 Pursuant to an order entered in November 1988, prior to the 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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enactment of the statutory child support guidelines, Walker paid 

$300 in child support for Christina to his former wife, Sharon 

Ann Walker May (May). In December 1990, May sought monthly child 

support for the parties' son, Shaun, when custody of Shaun 

switched from Walker to May. By order enter March 11, 1991, the 

trial court awarded $510 in support "for the support of the two 

(2) minor children" pursuant to the child support guidelines set 

out in Code § 20-108.2. Christina reached age eighteen in April 

1993 and graduated from high school in June 1993. In June or 

July 1993, Walker unilaterally reduced his child support payment 

to $210. He did not seek modification by the court of the 

existing order. In 1996, May filed a petition to reinstate and a 

petition to recover an alleged child support arrearage. The 

trial court ruled that Walker owed $15,948 in unpaid child 

support and interest under the unmodified 1991 court order. 

Continuing Obligation to Pay

 The 1991 child support order set a single child support 

award for both children as required by the statutory guidelines 

then in effect. See Richardson v. Richardson, 12 Va. App. 18, 

20, 401 S.E.2d 894, 895 (1991). Specifically, the trial court 

ordered that Walker "pay for the support of the two (2) minor 

children . . . the sum of Five Hundred Ten Dollars ($510.00) per 

month . . . ." The increased support was made retroactive as of 

the time May filed her petition in December 1990. The court's 

references to separate dollar amounts vis-a-vis Christina and 
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Shaun merely summarized the circumstances prior to the changed 

custody arrangement for Shaun. Nothing in the language of the 

1991 order setting the monthly payment supports Walker's argument 

that the court intended its award to be a divisible order of 

different amounts for the two minor children. 

 Child support may not be modified retroactively. See Code 

§ 20-108; see also Goodpasture v. Goodpasture, 7 Va. App. 55, 58, 

371 S.E.2d 845, 847 (1988). "Should circumstances change 

requiring alteration in the amount of support, a party's remedy 

is to apply to the court for relief." Id.; see Fearon v. Fearon, 

207 Va. 927, 932, 154 S.E.2d 165, 168 (1967); Taylor v. Taylor, 

10 Va. App. 681, 682-84, 394 S.E.2d 864, 865-66 (1990). The 

March 1991 order contained no provision related to the cessation 

of support upon either child's reaching the age of majority or 

graduating from college. Walker could not unilaterally adjust 

the amount of child support he was required to pay. Therefore, 

the trial court did not err in finding Walker had a continuing 

obligation to pay support until further order of court. 

Jurisdiction

 Unless the parties agree otherwise, child support is 

available until high school graduation for a child under age 

nineteen who is a full-time student and not self-supporting. See

Code §§ 20-107.2, 20-124.1. It is uncontested that the trial 

court had jurisdiction to enter its child support order in 1991. 

 The order from which this appeal is taken required payment of an 
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arrearage based upon the valid, unmodified order. It is 

irrelevant that the trial court would have lacked jurisdiction to 

order the payment of support beyond Christina's minority. We 

find no error in the trial court's finding of an arrearage for 

Christina's support pursuant to the unmodified and extant court 

order. 

 Accordingly, the decision of the circuit court is summarily 

affirmed. 

 Affirmed.