My son is turning 18 before graduating from high school, can he still recieve child support payments in Texas?

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Question:

My husband has been paying court-ordered child support for my son since we divorced 10 years ago.  We all live in Texas.  My son will be 18 years old in 2 months, but he will not graduate until 6 months after his 18th birthday.  I am worried that the child support will end on his 18th birthday rather than when he is scheduled to graduate.  Will my husband’s support obligation be over when he turns 18?

Answer:

In Texas, most child support orders provide that child support continues until the child turns 18 years of age unless the child is still enrolled in high school.  If the child is still enrolled in high school, the child support obligation continues until the child graduates from high school.  Accordingly, Section 154.0029(a) of the Texas Family Code provides that an original or modified existing support order can provide child support past the child’s 18th birthday, however, this provision must be provided in the support order.   I urge you to take a look at your existing support order and see if you have already established that your husband will be providing for your son past his 18th birthday, through his high school graduation.  If your existing support order does not obligate your ex-husband to pay his child support past your son’s 18th birthday, you can file a request to do so.  According to Section 154.002(b) of the Texas Family Code, a request for a support order that grants child support to be provided through high school graduation can be filed on or after the child’s 18th birthday.

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