Does Child Support End on a Child’s 18th Birthday in Texas?
In Texas, a divorced or separated parent without primary physical possession of a child may be required to pay child support. This raises an important question: Does child support automatically end on a child’s 18th birthday? In Texas, the answer is generally “no.” While it can end when a child turns 18, child support usually lasts at least until that child has finished high school, unless an exception applies. Here, our Houston child support attorney explains the key things you need to know about when child support ends in Texas.
Texas Uses the Later of Age 18 or High School Graduation
Under Texas Family Code § 154.001, a court may generally order child support until the child turns 18 or graduates from high school, whichever occurs later. That means a child’s 18th birthday does not necessarily terminate the obligation. If the child turns 18 during senior year, for example, support can continue through graduation as long as the statutory requirements for continued support are satisfied.
In other words, if a child graduates from high school before turning 18, the support obligation ordinarily continues until the child reaches 18. The controlling rule is therefore based on the later of the two events, not simply the child’s birthday.
Continued Support After Age 18 Depends on School Enrollment and Attendance
It is important to emphasize that Texas law places conditions on support that continues beyond age 18. The child must remain enrolled in a qualifying educational program leading toward a high school diploma. The statute covers enrollment in an accredited secondary school, qualifying joint high-school and junior-college courses, and certain other recognized educational programs.
The Big Exception: Support for a Child With a Disability May Continue Indefinitely
Texas law contains an important exception for children with qualifying disabilities. Under Family Code § 154.302, a court may order either or both parents to provide support for an indefinite period if the child requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support. The disability, or its underlying cause, must have existed or been known to exist on or before the child’s 18th birthday. This type of support is legally distinct from ordinary support that merely continues through high school. Depending on the circumstances, the court may direct payments to a parent, guardian, the adult child, or, in certain cases, a qualifying special needs trust.
Ending Current Support Does Not Erase Past-Due Support
The termination of the current monthly obligation does not mean that every child support issue disappears. Any unpaid amounts that accrued while the support order was in effect remain enforceable as child support arrearages. A parent therefore cannot eliminate previously accrued debt merely because the child has turned 18, graduated, or otherwise reached the statutory termination point.
Call Our Houston Child Support Lawyer Today
At Lindamood & Robinson, P.C., our Houston child support lawyer is a reliable advocate for parents. If you have any questions about when child support ends, please do not hesitate to contact us today for a completely confidential initial consultation. With an office in Houston, we handle child support cases throughout Southeast Texas.
Source:
statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.154&artSec=154.001
