Child Support for College Age Child

RIGHTS AND OBLIGATIONS OF THE DIVORCED PARENT WITH A CHILD IN COLLEGE:

Failure to follow the law may mean a loss of child support and college money

In Missouri, a child of divorced parents is entitled to receive support from his or her parents until age 18, unless prior to reaching that age, the child dies, marries, enters the military or becomes self-supporting. For the parental obligation to end on the basis that the child has become self-supporting, the parent who was designated as the custodian of the child (or both parents, if there is joint custody) must release the child from parental control by express or implied consent.

The most common situation in which the divorced parents’ obligation to support the child is extended past age 18 is when the child attends junior college, community college, college or university. The Judge has the power to order one or both parents to contribute to the child’s higher education expenses and may also order the non-custodial parent to pay child support to the custodial parent, both when the child is away at school and when the child is home. In such instances, there are rules that must be followed for the duty to support to continue.

First, the child must be enrolled in the vocational or other institution of higher education no later than October 1st following graduation from high school or completion of a GED program.

Second, the child must enroll in and complete at least 12 hours of credit and receive grades that are good enough for the child to re-enroll the following semester. There are two exceptions to this rule: 1) a child who as been diagnosed with a learning disability or who has a physical disability or diagnosed heath problem that limits the child’s ability to carry 12 hours will not be disqualified from receiving support on the basis of the hours requirement alone; 2) a child who is employed at least 15 hours per week during the semester may take 9 credit hours to meet this requirement.

Third, at the beginning of each term, the child must submit to each parent a transcript or similar official document from the institution of higher education showing the courses in which the child is enrolled for the upcoming term and the number of credits for each course, the courses enrolled in for the prior term, the grades and the credits received in the prior term.

Issues relating to parental support for children of divorced parents once the children graduate from high school are complicated. If you are in this situation, consult with an experienced family law attorney to discuss your situation if you have any questions or concerns.

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