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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
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Experience:  B.A.; M.B.A.; J.D.
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Are noncustodial parents required to pay child support while

Resolved Question:

Are noncustodial parents required to pay child support while the child attends college?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
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Question: Are noncustodial parents required to pay child support while the child attends college?


Response: No. Generally child support terminates when the child reaches age 18 or graduates from high school unless there is a specific Judgment directing the parents to contribute to the children's college expenses. See Texas Family Code Chapter 154 Sectiion154. 002:


http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm#154.002



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.




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