Is a Parent Required to Support a Child Past the Age of 18 in Texas?
Full Question:
Answer:
In Texas, child support may be ordererd past age 18 for the child to graduate high school according to the statutory requirements below:
§ 154.001 FAM. Support of Child
(a) The 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;
(2) until the child is emancipated through marriage, through removal of
the disabilities of minority by court order, or by other operation of
law;
(3) until the death of the child; or
(4) if the child is disabled as defined in this chapter, for an
indefinite period.
(a-1) The court may order each person who is financially able and whose
parental rights have been terminated with respect to a child in substitute
care for whom the department has been appointed managing conservator to
support the child in the manner specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation from high school, whichever
occurs later;
(C) removal of the child's disabilities of minority by court order,
marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this chapter, for an
indefinite period.
(b) The court may order either or both parents to make periodic
payments for the support of a child in a proceeding in which the
Department of Protective and Regulatory Services is named temporary
managing conservator. In a proceeding in which the Department of
Protective and Regulatory Services is named permanent managing
conservator of a child whose parents' rights have not been terminated,
the court shall order each parent that is financially able to make
periodic payments for the support of the child.
(c) In a Title IV-D case, if neither parent has physical possession or
conservatorship of the child, the court may render an order providing
that a nonparent or agency having physical possession may receive, hold,
or disburse child support payments for the benefit of the child.
§ 154.002 FAM. Child Support Through High School Graduation
(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.
§ 31.001 FAM. Requirements
(a) A minor may petition to have the disabilities of minority removed
for limited or general purposes if the minor is:
(1) a resident of this state;
(2) 17 years of age, or at least 16 years of age and living separate
and apart from the minor's parents, managing conservator, or guardian;
and
(3) self-supporting and managing the minor's own financial affairs.
(b) A minor may file suit under this chapter in the minor's own
name. The minor need not be represented by next friend.
§ 154.006 FAM. Termination of Duty of Support
(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); or
(5) 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.
