Missouri parents, whether they are paying or are receiving child support, need to know when a Missouri child support obligation will end. The answer depends upon multiple factors related to the child(ren) and often will require the assistance of a family law attorney to determine the correct response.

Under state law, a Missouri child support obligation ends as the age of “emancipation”. Section 452.340.3 RSMo., provides generally that a Missouri child support obligation ends when the child:

1. dies;
2. gets married;
3. enters active duty in the military;
4. becomes self-supporting, or
5. turns 18.

However, and this is where it becomes complicated, child support can be extended beyond a child’s 18th birthday depending upon the circumstances. A parent’s child support obligation can be extended beyond age 18 if the child decides to extend his or her education beyond high school. If a child enrolls in “an institution of vocational or higher education” no later than October first, the child support obligation will continue to be due as long as the child remains enrolled in school and completes at least 12 hours of coursework per term, achieving passing grades in at least six hours. Once the child reaches age 21 or “completes his or her education,” whichever comes first, the child support obligation ends.

Determining if the child has satisfied his or her academic obligations is often the main issue in child support battles. A lawsuit seeking to terminate the child support obligation typically includes a very close examination of the child’s academic record. The statute places a burden upon the child

at the beginning of each semester [to] submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course.

Additional provisions of the statute allow a child who is working at least fifteen hours per week during the semester to take as few as nine credit hours per semester and remain eligible for child support. The child must prove compliance with all of the other requirements (provision of transcripts, grades, etc.) to remain eligible.

Missouri cases have also allowed child support to be extended even without strict compliance with the statute regarding the academic requirements. If your child is faced with circumstances beyond his or her control which prevent your child from strictly complying with the academic requirements, the court may exercise discretion to extend the child support obligation.

Finally, Section 452.340.4 RSMo., provides that child support may continue beyond a child’s 18th birthday if that child is unmarried, insolvent and physically or mentally incapacitated and incapable of becoming self-supporting. The court will likely require medical evidence which proves that the child is physically or mentally incapacitated and unable to support himself or herself to continue the child support obligation.

As you can see, when a Missouri child support obligation ends is not a simple matter. The answer depends upon a number of factors, including the academic and medical circumstances of your child. Missouri’s law dealing with when a child support obligation ends can be confusing, so please consult our family law attorneys today. You can contact us or call Kennedy, Kennedy, Robbins & Yarbro, LC, at (573)686-2459.