How Long Does A Child Support Obligation Continue After Divorce When My Child Goes To College?
Section 452.340 of the Missouri Revised Statute covers the length of a parent's child support obligation. However, relatively frequent changes to the statute, as well as case law interpretation of the statute's meaning have caused confusion as to how long and under what circumstances a child is entitled to receive support. It is commonly understood that, barring a limited set of circumstances, the parent's child support obligation will continue at least until the child reaches the age of 18 or finishes high school. However, the parent's obligation to support that same child can continue beyond their 18th birthday if manifest circumstances dictate or more commonly the child enrolls in a post-secondary education program after the completion of high school.
In 2007, the Missouri Legislature modified section 452.340.5 by adding the following the language, italicized below:
If the child is enrolled in an institution of vocational or higher education not later than October 1, following graduation from a secondary school . . . . and so long as the child enrolls for and completes at least 12 hours of credit each semester, . . . . . the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of 21, whichever occurs first . . . . when enrolled in at least 12 credit hours, if the child receives failing grades on half or more of his or her course load any one semester, payment of child support may terminate and shall not be eligible for reinstatement.
Prior to the amendment which included the language regarding the child receiving failing grades in half or more of his courses, many Courts interpreted the statute to require the child to complete at least 12 hours each semester, failing to do so would result in the child's emancipation and the end of the parent's support obligation.
In a recent decision entered by the Eastern District of Missouri Court of Appeals, the Court found, in part, based upon Missouri's public policy of promoting the pursuit of higher education that a child may avoid emancipation by completing as few as 6 credit hours per semester, so long as they were originally enrolled in at least 12 hours at the beginning of the semester. While each individual fact pattern is unique, this represents a significant shift on how long a parent could be obligated to provide support for their child. For example, the child who had just a few years ago enrolled in college for 15 credit hours, but failed 7 of those hours, would likely be emancipated by the Court and the parent's obligation to provide child support for that child in the future would end. That same child today would very likely not be emancipated and the parent's obligation to pay child support would continue.
The length of a parent's child support obligation to support a child who proceeds on to college after completion of their high school education is one of the most commonly litigated issues in the Family Court. The changes to the statue and its interpretation in the Court of law can often result in a wide range of rulings by your Family Court Judge.
For questions regarding a continuing child support obligation or any other issues resulting from your divorce or in the Family Court, please contact the lawyers at Dalton, Chassaniol & Bellon.
Written by:
Douglas G. Bellon
