Full question:
My son has dropped out of school in Austin before the completion of his graduation. My ex-wife has been least bothered about his education. Since our divorce, I have been paying $120 every week as child support. I have given up hope. I have two more kids to care for. He is not going to finish school. Am I obliged to keep paying for my son for an indefinite time?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
The laws in Texas regarding termination of child support is governed by Tex. Fam. Code § 154.006. It reads:“(a) Unless 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;
(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);
(5) the issuance under Section 161.005(h) of an order terminating the parent-child relationship between the obligor and the child based on the results of genetic testing that exclude the obligor as the child's genetic father; or
(6) if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.
(b) Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.”
Per the above provision, if the minor is not enrolled in a high school and has reached the age of 18, he is no more entitled to receive child support from either parent. It is a mandate that he should be enrolled in a high school to receive child support past the age of 18 per Tex. Fam. Code § 154.002. It reads:
(1) the marriage of the child;
(2) the removal of the child's disabilities for general purposes;
(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);
(5) the issuance under Section 161.005(h) of an order terminating the parent-child relationship between the obligor and the child based on the results of genetic testing that exclude the obligor as the child's genetic father; or
(6) if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.
(b) Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.”
“(a) The 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.
(b) The request for a support order through high school graduation may be filed before or after the child's 18th birthday.
(c) The order for periodic support may provide that payments continue through the end of the month in which the child graduates.”
(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.
(b) The request for a support order through high school graduation may be filed before or after the child's 18th birthday.
(c) The order for periodic support may provide that payments continue through the end of the month in which the child graduates.”
Therefore, based on the above provisions, the parent may stop such child support payments as they no more obligated legally to support the minor who has attained the age of 18 unless there is an agreement to the contrary.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
