Legal Question in Family Law in Missouri
How do I know when child support should end?
My son from a previous marriage is 18 and has graduated from high school. He's still living with his mother and working a full time job. He isn't going to college, but he is planning to attend a trade school for 18 weeks, starting next January. Our divorce papers don't outline when child support stops, so I presume we default to the Missouri state laws. I'm aware that if the child is continuing with post-secondary education, I'm responsible until age 22 - but what if they don't go directly to school after graduation? Do I continue to pay the support through the summer and fall? What if he decides not to attend the school at all once January gets here? At what point does child support end other than by marriage or moving out on his own?
1 Answer from Attorneys
Re: How do I know when child support should end?
I believe that the child support statute still requires the child to be enrolled in post-secondary education by October 1 following graduation from high school, requires the student to maintain a full time class load(12 hours per semester unless also employed) and generally make progress towards the completion of the program as it goes along, to give a few examples. The appellate courts have allowed the trial courts to make certain execptions to the strict letter of the law in many cases so this issue continues to be very ripe for litigation. Also, the law is written in such a way so as to present a problem for the child support payor in knowing whether the obligation is in effect for the summer months. The payor may decide to withold the child support during the summer months and risk falling behind or being taken back to court. Or, the payor may continue to pay and then seek a refund if the child does not enroll by October 1rst, or otherwise do what is required to extend the child support obligation past the age of eighteen. Overall, it is a very unsatisfactory piece of legislation, causing much more trouble than it saves in my humble opinion.