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High School Graduation and Child Support

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Latest post Tue, Apr 12 2016 4:11 PM by Drew. 4 replies.
  • Tue, Apr 12 2016 10:45 AM

    High School Graduation and Child Support

    Texas Family Code says that my wife is required to pay support until the child reaches the age of 18 or graduates high school, whichever is later. So, the question is that if he fails H.S, and does not graduate, but he is 18 years old, do we have to pay for another year of child support until IF and when he graduates?

    I just need a little clarification of the code. I appreciate the help.

  • Tue, Apr 12 2016 11:28 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Jan 1 2005
    • CA
    • Posts 6,363

    Re: High School Graduation and Child Support

    State law will govern. I don't know the rules in TX.

    In my state (CA), if the kid has not graduated high school by age 19, CS generally would end. There might be an exception, if the child has a severe handicap, but that does not seem to be that common of an exception in my state.

  • Tue, Apr 12 2016 12:52 PM In reply to

    Re: High School Graduation and Child Support

    First it matters what the specific court order says.  Second, you can access the codes at this link: http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm .  If the kid stays in school, and the order provides payment past 18, then the TX code says she continues to pay as long as he's attending and moving towards graduation..

  • Tue, Apr 12 2016 1:59 PM In reply to

    Re: High School Graduation and Child Support

    Jonathan_Bailey:
    Texas Family Code says that my wife is required to pay support until the child reaches the age of 18 or graduates high school, whichever is later.

    That's not quite accurate.  The applicable provision says that "[t]he court MAY order either or both parents to support a child in the manner specified by the order:  (1) until the child is 18 years of age or until graduation from high school, whichever occurs later."  Tex. Fam. Code section 154.001(a) (emphasis added).

    Moreover, section 154.002(a) provides that "[t]he court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:

    (1)  enrolled:

    (A)  under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;

    (B)  under Section 130.008, Education Code, in courses for joint high school and junior college credit;  or

    (C)  on a full-time basis in a private secondary school in a program leading toward a high school diploma;  and

    (2)  complying with:

    (A)  the minimum attendance requirements of Subchapter C, Chapter 25, Education Code;  or

    (B)  the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school."

    Finally, section 154.006(a) provides that, "[u]nless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:

    (1)  the marriage of the child;

    (2)  the removal of the child's disabilities for general purposes [i.e., upon the child reaching the age of majority];

    (3)  the death of the child;

    (4)  a finding by a court that the child:

    (A)  is 18 years of age or older; and

    (B)  has failed to comply with the enrollment or attendance requirements described by Section 154.002(a);"

    or a couple of other things not apparently relevant to your wife's situation.

    Thus, it's not a matter of having the code clarified, it's a matter of what your wife's divorce decree or child support order says.

    You can read all of the foregoing sections here:  http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#154.306.

     

  • Tue, Apr 12 2016 4:11 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: High School Graduation and Child Support

    If junior is failing  because he is ditching days ...sort out how many unexcused days he is ditching ...and read the Tx Education Code as to attendance . 



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