Paying Child Support For 19-Year-Old High School Student

[chiefsangel]

My fiance is paying child support on his 19 year old son who is a senior and does not even have half of the credits that is necessary to graduate.
How long can support go on for? I know that it states until the child is 18 and/or no longer in high school. How long is too long?? Is there guidelines in Harris County Texas to when the support can be stopped? And how long can a school keep him there if he is not showing much progress from year to year? The mother has not kept up on his education and he frequently has unexcused absences. We are finding that she is not supportive and were upset to find out that he only received one credit his sophmore year!! We are trying to get information out of the school but so far no return phone calls! We just receive the emails that we signed up for online through the schools website to his daily grades, attendance and if his grades drop below 60. The ex has stated that she will keep him in high school as long as she gets to collect support. Our concern is that he keeps failing year after year the same subjects that are necessary to graduate.

Any input is greatly appreciated!

[Neal1421]

What does his child support order state as to when child support is to end?

[chiefsangel]

The order states that when the child turns 18 or is finished with high school.

I just would like to know if he is able to stay in high school until he graduates or is there a cut off point.

[aaron]

The Texas Family Code provides,

(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.

* * *

[seniorjudge]

When is graduation?

[chiefsangel]

Graduation is to be this year BUT he does not have even half of the credits that are necessary for him to graduate with his class. (he has near 8 credits out of 21)
This is upsetting to us because the mom did not keep up on his education! Last year he was to attend summer school and take credit by exam and neither occurred. We are told again this year that he will do the same again but we seriously doubt that he will.

[seniorjudge]

Does the judgment in the lawsuit say 18 or when he graduates from high school?

I.e., EXACTLY what does it say?

[chiefsangel]

until the child is 18 years of age or until graduation from high school, whichever occurs later

He does not have half of the credits needed to graduate - How long can the high school allow him to attend if he is not showing progress?

[When does it end?]

In reference to "until the child is 18 OR graduated high school, whichever is later"... I will tell you this:

Most states, if not all of them, must provide a free and public education until the "child" reaches 21 years of age. I went through something very similar. Even though my circumstances are a little different from yours, the result will probably be the same.

In my case, my child was over age of 18, received enough credits to graduate, and voluntarily declined to accept his diploma. The school in no way or fashion held him back past his senior year. It was 100% voluntary and the decision was made between him and the custodial mother who wanted the child support to continue.

Under the law the school cannot force graduation upon a student or kick them out of school until the "child" reaches 21 years of age....other wise known as "school age".

In my case, I went to court to have him removed from the order, and lost. The court ruled that while the child was still in school and of "school age".....(no matter what the reason).....you pay.

[chiefsangel]

IF the child is not showing interest or progress - could the results be different? The mother has not shown any effort on her end by seeing that he is improving in his education. He has taken the same sophmore english class for the past 3 years and has failed each year! I just can't see him graduating in the near future either.

thanks for the input