The Carson Report Volume 1

THE CARSON REPORT

News for you and your family

Number 1 September, 2000

IMPORTANT NEWS FOR DIVORCED PARENTS OF COLLEGE-BOUND CHILDREN AND CHILDREN OVER 18 YEARS OLD

In Missouri, a child of divorced parents is entitled to receive support from his or her parents until age 18, unless prior to reaching that age, the child dies, marries, enters the military or becomes self-supporting. For the parental obligation to end on the basis that the child has become self-supporting, the parent who was designated as the custodian of the child (or both parents, if there is joint custody) must release the child from parental control by express or implied consent. One example of this is where the child moves into his or her own apartment with the knowledge, consent and even the assistance of the parent designated as the physical custodian. Situations relating to the end of the parental duty of support based upon the child becoming self-supporting are all different and there are no specific rules that are followed. The Judge will individually review each situation and make a determination.

Disabled Children

Once the child reaches age 18, the parents’ duty to support the child will automatically end unless certain conditions are met. One exception is that if the Judge finds that a child is physically or mentally disabled and cannot support himself, the child is insolvent and the child is unmarried, the Judge may extend the parental duty to support the child past age 18. Whether a particular mental or physical condition or illness is a basis for extending the parents’ duty to support the child is very situation-specific. A child who has been classified as disabled by Social Security will almost certainly be entitled to continued support from his or her parents, although this is not necessarily required for the Judge to order that the child is entitled to continued parental support. A child who is receiving disability and other benefits may fail this test because the Judge finds that he or she is not insolvent.

Children Attending College

The most common situation in which the divorced parents’ obligation to support the child is extended past age 18 is when the child attends junior college, community college, college or university. The Judge has the power to order one or both parents to contribute to the child’s higher education expenses and may also order the non-custodial parent to pay child support to the custodial parent, both when the child is away at school and when the child is home. In such instances, there are rules that must be followed for the duty to support to continue.

Enrollment by October 1st

First, the child must be enrolled in the vocational or other institution of higher education no later than October 1st following graduation from high school or completion of a GED program. In extraordinary circumstances and where the circumstances of the child “manifestly dictate”, the Judge may waive the October 1st deadline. Such waivers of the deadline will be rare. One example of when the deadline might be waived is where the child has been in an automobile accident and physically unable to enroll in or begin school prior to October 1st.

Twelve Credit Hours Generally Required

Second, the child must enroll in and complete at least 12 hours of credit and receive grades that are good enough for the child to re-enroll the following semester. There are two exceptions to this rule. First, that a child who has been diagnosed with a learning disability or who has a physical disability or diagnosed heath problem that limits the child’s ability to carry 12 hours will not be disqualified from receiving support on the basis of the hours requirement alone. The second exception to this rule is that a child who is employed at least 15 hours per week during the semester may take 9 credit hours to meet this requirement.

Proof of Enrollment and Grades Required

Third, at the beginning of each term, the child must submit to each parent a transcript or similar official document from the institution of higher education showing the courses in which the child is enrolled for the upcoming term and the number of credits for each course, the courses enrolled in for the prior term, the grades and the credits received in the prior term.

Suspension of Obligation to Pay

The Judge may order that the parental duty to support be suspended for any term that the requirements are not met and then require the parent(s) to resume paying once the child in fact complies with the requirements. A suspension of the obligation to pay will not, in and of itself, extend the duty to support beyond age 22.

Payment Directly to the Child

The parent who is paying support may petition the court to order that the child support be paid directly to the child. Whether this is granted in whole or in part will be solely within the Judge’s discretion.

Contribution to College and Payment of Child Support

In addition to the power to order one or both parents to contribute to the child’s higher education expenses, the Judge may also order the non-custodial parent to pay child support to the custodial parent, both when the child is away at school and when the child is home. The amount of child support when the child is away at school may be substantially decreased or eliminated. Where there is another child or children at home, the reduction or elimination of child support will only relate to the child who is attending school and living away from home.

Tax Exemption Reallocation Relating to Financial Aid Allowed

The Judge also has the ability to award the tax exemption relating to the child who is attending college or some other institution of higher learning to whichever parent will result in the greatest financial aid award to the child.

Special note

Issues relating to parental support for children of divorced parents once the children graduate from high school are complicated. Call us and schedule an appointment to come in and discuss your situation if you have any questions or concerns.

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The Carson Law Firm provides services relating to all aspects of family law (divorce, modification of child custody, maintenance and child support, enforcement of family law judgments, paternity, adoption and legal guardianship), juvenile law, criminal law (including traffic) and appeals.

Leigh Joy Carson

Christopher M. Braeske

Tricia L. Feldmann, Law Clerk

Lisa A. Huhman, Legal Assistant

Suite 1003, 222 South Central

Clayton, Missouri 63105

(314) 721-2422

(314) 721-1663 (fax)

WWW.THE CARSONLAWFIRM.COM

The Carson Law Firm: Family Law Attorneys -- Serving St. Louis Families for Over a Decade

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