When Does Child Support End in Texas? Age 18, High School, Emancipation and Other Events

Most Texas child support orders end because a child grows up, but the date is not always the 18th birthday, and ending the order does not always end what is owed. The Family Code ties the end of support to a short list of events, lets support run past 18 for a child still in high school, and allows indefinite support for an adult child with a disability. Unpaid support survives all of it. A San Antonio child support lawyer can read your order, tell you the date it ends and explain what to do so that the payments, the withholding and the paperwork end on that date.

This guide explains when support ends at 18 and at graduation, the other events that end an order, what happens when a parent dies, what to expect with more than one child, what survives after the order ends, and how to get the order that closes the case.

Age 18 and High School

The Family Code allows a court to order support past the child’s 18th birthday only if the child is enrolled in an accredited secondary school in a program leading toward a high school diploma, in courses for joint high school and junior college credit, or full-time in a private secondary school in a program leading toward a diploma, and is complying with the minimum attendance requirements that apply (Section 154.002(a)). A request for support through high school graduation may be filed before or after the child turns 18, and the order may provide that payments continue through the end of the month in which the child graduates (Section 154.002(b) and (c)).

Two points follow. First, the 18th birthday is not a stopping point if your order provides for support through graduation and the child is still enrolled and attending. Second, the statute does not provide for support while a child attends college, so the answer to whether support continues through college is usually no, unless the parents agreed otherwise (see below). Read the exact words of your order, because it controls the end date.

Other Events That End a Support Order

Unless the parties agreed otherwise in writing or the order expressly provides otherwise, a support order ends on any of these events (Section 154.006):

• Marriage of the child.
• Removal of the child’s disabilities of minority for general purposes. A minor can petition for this if he or she is a Texas resident, is 17 or at least 16 and living apart from the parents or guardian, and is self-supporting and managing his or her own financial affairs (Section 31.001).
• Death of the child.
• A court finding that the child is 18 or older and has not met the school enrollment and attendance requirements in Section 154.002(a).
• Enlistment in the armed forces. The order ends on the date active service begins, as defined in federal law.
• An order terminating the parent-child relationship with the obligor under Section 161.005(h), based on genetic testing showing that the obligor is not the child’s genetic father.

The statute also provides that when the obligor and obligee marry or remarry each other, the support order and any conservatorship, possession or access provisions end, unless a nonparent or agency has been appointed conservator (Section 154.006(b)).

An event does not close the file. A child’s marriage or enlistment ends the duty under the statute, but an employer is still working from a withholding order and an agency is still working from a case. A certified copy of an order that reduces or ends withholding can be sent directly to the employer without the clerk delivering it (Section 158.404). Get the order that records the date.

If a Parent Dies

The paying parent. The duty does not simply disappear. If the obligor dies before the support obligation ends, the remaining unpaid balance becomes payable on the date of death. The court with continuing jurisdiction determines the unpaid amount, considering the present value of future support and insurance premiums and other resources such as life insurance and survivor benefits, and renders a judgment for the child’s benefit. The obligee holds a claim on the child’s behalf against the obligor’s estate (Section 154.015).

The receiving parent. The obligation does not end on the obligee’s death. It continues as a debt owed to the child, and current support goes to a nonparent managing conservator, to the person with actual care of the child, to the county clerk or to a guardian, as the statute provides (Section 154.013).

Children With Disabilities Who Are 18 or Older

A court may order one or both parents to support a child indefinitely if the child requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support, and the disability exists, or its cause is known to exist, on or before the child’s 18th birthday. The court names a person to receive the support, and for an adult child it may designate a special needs trust. That option does not apply in a Title IV-D case (Section 154.302). These cases turn on medical evidence and on the child’s benefits, so speak with a lawyer early.

More Than One Child: Step-Downs

When one order covers several children, the Family Code requires the order to say what happens when support ends for one of them. It must identify the events that end the duty to pay for a particular child and state the reduced total monthly amount after each event (Section 154.127). Our guide to calculating child support in Texas explains the guideline percentages. If your order lists only one total, ask a lawyer whether it meets the statute and how the amount should change when your oldest turns 18.

Support Does Not Stop Because the Child Moves or the Parents Agree

A child moving in with the paying parent, a private agreement to stop paying, and a child who is working or living on his or her own are not on the statutory list. The existing order stays in force until a court changes it. If the child’s primary residence changes, the parent who needs relief must ask the court, and the change reaches back only to the earlier of the date the other parent is served or appears (Section 156.401(b)). A request is generally filed in the court that issued the order and has continuing, exclusive jurisdiction (Section 155.002). Our page on modifying child support in Texas explains the grounds and dates.

Unpaid Support Does Not End With the Order

When support ends, what was unpaid before that date is still owed. A payment that is not timely made is a final judgment for the amount due, and interest accrues at 6 percent a year (Sections 157.261 and 157.265). A motion to confirm the arrears and obtain a money judgment can be filed until the 10th anniversary of the date the child becomes an adult or the support obligation ends, and a contempt motion until the 2nd anniversary (Section 157.005). The Family Code also has a withholding provision for arrears when no current support is due (Section 158.004). A parent who stopped paying a few months before the end date can therefore still be enforced against years later. Our page on child support enforcement in Texas explains the tools.

College and Other Costs After High School

The Family Code has no general rule requiring parents to pay for college. Education beyond secondary school is one of the factors a court considers in deciding whether to depart from the guidelines (Section 154.123), and parents can agree in writing to share the cost. Whether an agreement about costs after the child is an adult belongs in the order or in a separate contract, and what remedy applies if a parent stops paying, are questions to ask before you sign. Our page on medical and educational expense agreements covers how to write the terms.

What This Means for Your Bexar County Case

1. Read the end-date language in your order and note whether it ties support to age 18, graduation or an event.
2. Find out whether the child is still enrolled in high school and attending, and when the expected graduation date is.
3. If your order covers several children, check that it states the reduced amount after each child ages out.
4. Check your payment record so you know whether any arrears exist.
5. Do not stop paying until you have an order, a written agreement or advice from a lawyer that the duty has ended.
6. When an event has occurred, ask a lawyer for an order that records the end date and ends the withholding.
7. Send a certified copy of the order to the employer and confirm that withholding has stopped.

More About Child Support and Related Cases

These guides cover questions that often come up when support is ending.

• Failure to pay child support: when unpaid support becomes a crime.
• QDROs for child support: collecting arrears from a retirement plan.
• Interstate child support under UIFSA: when a parent has moved to another state.
• Fathers’ rights and child support: the issues a paying father faces.
• Suit to modify conservatorship: changing who has the child.
• Texas child support calculator: a starting estimate.

Why San Antonio Clients Choose Barton & Associates for Child Support Cases

Barton & Associates has tried Texas cases since 2001, and the family law team includes Duane Graeff, our managing attorney with more than 26 years in Texas state and federal courts, and trial attorney Désirée Flye. Ending a support order is usually a matter of dates and paperwork, so we start with the order, the child’s birth date, the school records and the payment history, tell you what the statute says about your facts and tell you plainly what each choice risks. We represent paying and receiving parents. If your support order came from a divorce decree, a divorce modification lawyer in San Antonio on our team can address the decree and the support order together.

We cannot promise a result. What we can do is tell you what the statutes require, what we recommend and what each choice risks. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The child support order, the decree and any modification
• The child’s birth date and school enrollment or graduation records
• Any marriage record, enlistment papers or other proof of an ending event
• The payment record and any notice from the Attorney General’s office
• Pay stubs and any withholding order your employer received
• Medical records for an adult child with a disability, if that applies
• Messages with the other parent about support or the child’s living arrangements
• A calendar of your key dates and deadlines

Frequently Asked Questions

When does child support end in Texas?

It depends on the order and the statute. Support past age 18 is allowed only for a child enrolled in and attending high school (Family Code Section 154.002). An order also ends on events such as the child’s marriage, removal of disabilities of minority, death or enlistment, unless the parties agreed otherwise or the order says so (Section 154.006). Read your order for its end date.

Does child support stop automatically on the child’s 18th birthday?

Not if the child is still enrolled in high school and attending and your order provides for support through graduation. The order may provide for payments through the end of the month in which the child graduates (Section 154.002). Even when the end date arrives, the withholding and the agency’s case continue until they receive the order that closes them.

Does support end at high school graduation?

If the order provides for it, yes. The statute allows the order to continue payments through the end of the month in which the child graduates, and the child must be enrolled and meeting attendance requirements to qualify for support after 18 (Section 154.002). Check the exact wording of your order.

Does child support continue through college in Texas?

Not by statute. The Family Code does not provide for support during college, although education beyond secondary school is one of the factors a court considers in deciding whether to depart from the guidelines (Section 154.123). Parents can agree in writing to share college costs, so check whether your decree or an agreement addresses them.

Does support end if the child marries, enlists or is emancipated?

Unless the parties agreed otherwise or the order says so, yes. Marriage, removal of disabilities for general purposes and enlistment each end the order, with enlistment ending it on the date active service begins (Section 154.006). Get an order that records the date so the withholding stops.

Does child support end if the paying parent dies?

No. If the obligor dies before the obligation ends, the remaining unpaid balance becomes payable on the date of death. The court determines the amount, considering the present value of future support and other resources, and the obligee has a claim on the child’s behalf against the estate (Section 154.015).

What happens if the parent receiving support dies?

The obligation does not terminate. It continues as a debt owed to the child, and current support is paid to a nonparent managing conservator, the person with actual care of the child, the county clerk or a guardian, as the statute provides (Section 154.013).

Does unpaid child support disappear when the child turns 18?

No. A missed payment is a final judgment, and interest accrues at 6 percent a year (Sections 157.261 and 157.265). A motion to confirm arrears can be filed until the 10th anniversary of the date the child becomes an adult or the obligation ends, and a contempt motion until the 2nd anniversary (Section 157.005).

I have several children. What happens when the oldest ages out?

The order must identify the events that end the duty to pay for a particular child and state the reduced total monthly amount after each event (Section 154.127). If your order does not, a lawyer can tell you how the amount should be figured and whether to ask the court to clarify it.

My child moved in with me. Can I stop paying?

Not on your own. The existing order stays in force until a court changes it. You can ask the court to modify it, and a change reaches back only to the earlier of the date the other parent is served or appears (Section 156.401(b)). Keep paying while the case is pending.

How do I get an order that ends child support and withholding?

You ask the court that issued the order, or have an order entered if an event has already ended it, and then send a certified copy to the employer. A certified copy of an order that reduces or ends withholding can be delivered to the employer directly (Section 158.404). A lawyer can prepare the order and confirm whether arrears remain.

Does support continue for an adult child with a disability?

In some cases, yes. The statute allows indefinite support when a mental or physical disability that existed by the child’s 18th birthday means the child needs substantial care and personal supervision and cannot be self-supporting (Section 154.302). Payments can go to a special needs trust, but that option is not available in a Title IV-D case.

What should I bring to the first meeting about ending child support?

Bring the support order and decree, the child’s birth date, school records, proof of any ending event such as a marriage record or enlistment papers, the payment record and any withholding order. Call even if some records are missing.

Talk With a San Antonio Child Support Attorney

The date support ends is set by your order and by dates the statute counts, so waiting can leave you paying too long or owing more than you expected. Speak with a San Antonio child support attorney at Barton & Associates before you stop paying, sign an agreement or ask an employer to stop withholding.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting with a family law attorney in San Antonio. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Family Law
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000