In Missouri under present law, child support continues past high school until the age of 21, as long as the child attends college or a vocational school. In addition, parents can also be obligated to pay college expenses until the age of 21.

Pursuant to Section 452.340.5 of the Missouri Revised Statutes, in order for child support to remain in place and for parents to be responsible for college costs, the following requirements must be met:

1. Hours Requirement. Child must enroll at minimum 12 credit hours per semester, not including summer. However, if the child is working at least 15 hours per week during the semester then the requirement that the child be enrolled in 12 credit hours is reduced to nine credit hours.
2. Grades Requirement. Child must successfully complete the required number of credit hours, meaning no failing grades in at least 12 hours per semester. 
3. No Time Off Requirement. Generally, the child must enroll by October 1 following the child’s graduation from high school. This means that if the child takes a semester off before starting college, typically the child support obligation would terminate and could not be reinstated if the child enrolls in college after that point, even if the child is under age 21 when the child enrolls. In addition, the child must be continuously enrolled in school, meaning that child support would terminate and could not be reinstated if the child takes a semester off. 
4. Document Exchange Requirement. The child must provide transcripts or similar official document to both parents at the beginning of each semester, detailing the child’s enrollment in classes and grades. 

The law does provide for exceptions to the grades requirement above, which include, but are not limited to, a physical disability or other diagnosed health problems.  The court will also consider other circumstances that may justify a delay in starting school by October 1 after graduation or require a child to take a semester off.   

If a child fails to meet the requirements above, the parent paying child support will need to file an Affidavit of Termination of Child Support with the court in order to stop an income withholding order/garnishment that may be in place. Without the consent of the other parent, a copy of the Affidavit will need to be served on the other parent and there will a hearing before the court. 

If the child is enrolled in an institution and meeting the requirements above, there is another option under the law that some parents may consider—the parent paying child support or the child may petition the court to have child support payments paid directly to the child instead of paying the other parent.

While the court after a trial may only obligate parents to pay support and college expenses until a child reaches age 21, many parents agree as part of their divorce to pay for expenses past age 21 and these agreements are included as part of the divorce judgment.

We have handled a lot of expensive litigation related to college expenses and post high school support. Consultation in advance may save significant fees. In addition, if you want the other parent to have to continue to pay child support, you must be sure to follow the procedure. You do not want to lose both in attorney’s fees and lost support payments. Please contact the firm if you wish to schedule a consultation.