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  1. #1

    Default Does Child Support End at Age 18 or at Graduation from High School

    My order states "child support ends at 18 or graduation from highschool, whichever is later"...(Texas standard wording)

    Basically the support order states what section 154.001 (1) states, however, I am more concerned about section 154.002...

    Q. Does this mean that the person receiving child support needs to petition the court to CONTINUE the child support past age 18 or it will end, since the court has no idea if the child has graduated or not?

    Q. Can I as the obligor request it be stopped at 18 and then if then the obligee will be forced to submit documentation that the child is actually still in highschool, etc...before it continues?

    I currently have access to the school records because the child is under 18, as neither mother nor daughter want me to have these records...they have tried to stop me from getting these...but after showing proof to school, I have access...however, the law states once she turns 18, she can deny my access, which means that I won't know if she is in school, attending regularly, etc...and of course, neither will probably tell me the truth as they have both lied about it before and know if the child is not in school, they can continue to collect...

    However, this is what the law actually states...
    SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT

    Sec.*154.001.**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.

    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 39, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 556, Sec. 8, eff. Sept. 1, 1999.
    Amended by:
    Acts 2005, 79th Leg., Ch. 268, Sec. 1.08(a), eff. September 1, 2005.



    Sec.*154.002.**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.
    [/B][/B]
    [/B]
    Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 506, Sec. 1, eff. Aug. 30, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 1, eff. Sept. 1, 2003.

  2. #2
    Join Date
    Nov 2009
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    Default Re: Does Child Support End at Age 18 or at Graduation from High School

    Child support continues until a terminating event takes place, ending it by operation of law.

    Under federal law, the school cannot deny you access to your daughter's records. The importance of educational record keeping today was formally recognized in 1974, when the Congress enacted the Family Educational Rights and Privacy Act (hereinafter FERPA). [20 U.S.C. 1232g] This legislation gives parents of minor students, and students who are over 18, the right to inspect, correct, amend, and control the disclosure of information in education records. It obliges educational institutions to inform parents and students of their rights, and to establish policies and procedures through which their rights can be exercised.

    The Texas legislature has also specifically passed legislation allowing NCP's the right to have full access to these records as well (Texas Family Code Section 153.073)

    Also, Texas Educ. Code Section 26.004 states: CCESS TO STUDENT RECORDS. A parent is entitled to access to all written records of a school district concerning the parent's child, including:

    (1) attendance records;

    (2) test scores;

    (3) grades;

    (4) disciplinary records;

    (5) counseling records;

    (6) psychological records;

    (7) applications for admission;

    (8) health and immunization information;

    (9) teacher and counselor evaluations; and

    (10) reports of behavioral patterns.


    Hope this helps. If the school attempts to deny you access once she turns 18, print out the FERPA information and take it to the school.

    I've found that if you maintain direct contact with the school and the child's counselor, these issues of refusing access to records vanish. Most schools are aware of these laws. And even though she will be 18 in 2 1/2 years, if she's still enrolled in high school, they cannot legally deny you access.

    Also, I stand by my original response - you really really really need to go speak to an experienced family law attorney in your area.

  3. #3

    Default Re: Does Child Support End at Age 18 or at Graduation from High School

    Thanks so much for your info...I will definitely put this in our file of things...

    I'll have to see what we can do about a lawyer, since we live out of the country at this point.

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