A colleague of mine made a few good points regarding the following post and I thought I would elaborate a little on this post.  I originally posted this entry on June 28 (I believe).

Section 154.006 of the Texas Family Code specifically spells out the circumstances for ending support.  The first place to look regarding Child Support Obligation is the Final Decree of Divorce and the Martial Settlement Agreement.  Your Agreement or Final Divorce Decree should spell out the duration of the support obligation.

It is possible for your support obligation to last beyond the high school graduation in certain circumstances; however, if it does last beyond your child’s graduation you probably already know when the support ends.  You and the other parent of the child can agree on a specific date on when the support ends.  In this case, the support would last until that agreed time frame.  (“Unless otherwise agreed in writing..”  See Section 154.006 of the Texas Family Code.)

If your child is disabled, then child support can last for an indefinite period of time.

Further, if the parent you have been paying child-support is still the conservator (e.g. the child has not been taken into state custody, grandparents do not have legal custody, etc.) and you marry or remarry the parent, the the support obligation terminates.

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.

Texas Family Code Section 154.002

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  (a)  Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:

(1)  the marriage of the child;

(2)  the removal of the child’s disabilities for general purposes;

(3)  the death of  the child;

(4)  a finding by a court that the child:

(A)  is 18 years of age or older; and

(B)  has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); or

(5)  if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.

(b)  Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 9(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1404, Sec. 1, eff. September 1, 2007.