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Financially Supporting Children After High School

Allison Gerli • Apr 01, 2021

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. 

02 Jan, 2024
Ready to start anew but feeling lost? Look no further than the Second Saturday Divorce Workshop, hosted by The Center for Family Law. This workshop will offer tools and resources for every step of the process, providing guidance on important topics such as child custody, support, and property division. Register for second Saturday 2024 now!
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Once again, The Center for Family Law has been ranked as a 2024 "Best Law Firm" by U.S. News & World Reports in the area of family law in St. Louis.
By Allison Gerli 21 Aug, 2023
Navigating family law can be a complex and daunting process. That's why the recent Missouri Bar Family Law Conference brought together Missouri attorneys in the field to share insights and best practices. Attorneys at The Center for Family Law were among the presenters and in attendance at the 23rd annual conference held in Branson, Missouri. Their presentations focused on managing client expectations, initial consultation, drafting documents, case management, and grandparent visitation, third-party custody, and guardianships. Initial Consultation & Managing Client Expectations To ensure a positive attorney-client relationship, it is crucial to establish clear expectations from the very beginning. This was the focus of Allison Gerli's presentation at the conference. Allison co-presented with Andrea Pate, a family law attorney and partner at The Law Office of the Ozarks. It is crucial for attorneys to establish a solid foundation of trust and communication with their clients from day one, as this sets the tone for the entire legal process. Allison stressed the significance of active listening and open dialogue during these initial meetings, allowing clients to express their concerns and goals. Allison's presentation also highlighted the importance of transparency in managing client expectations. Attorneys should provide honest assessments of their clients' cases, outlining both the strengths and potential challenges they may face. By setting realistic expectations from the outset, attorneys can help clients navigate the legal process with confidence and a clear understanding of what lies ahead. The presentation then shifted to the importance of talking to clients about process options. Often practitioners focus on the substance and overlook the process. Clients have options on how to resolve their disputes and this should be presented and supported by practitioners. The Center for Family Law prides itself on process options and educating clients on their options, whether that by an uncontested "kitchen table" style divorce, collaborative divorce process, mediation, or a semi-litigated case resolved through cooperative attorneys sitting down to work through issues. Case Management Case management is critical to providing quality services to family law clients. Ann Bauer's presentation at the conference provided valuable insights and best practices in this area. Ann co-presented with Kristen Siegel, a family law attorney and partner at Siegal & Irwin, LLC based in Lee’s Summit, Missouri. Kristin covered the importance of carefully drafting court pleadings. In terms of case management, Ann highlighted the importance of document organization, keeping track of deadlines, and timely communication with clients. Attorneys must keep track of deadlines, court appearances, and client meetings to ensure cases progress smoothly. Clear and frequent communication with clients is crucial. Clients want to know what is going on, and not to be left wondering. It is important to provide updates, address concerns, and gather necessary information for the client’s case. Ann also discussed the significance of effective document management as a part of case management. Maintaining well-organized and easily accessible files can streamline the legal process and ensure important documents and information are readily available. F.amily law cases are often document-heavy. Keeping documents organized in a systematic way can enable the attorney to prepare for settlement and trial Grandparent Visitation, Third-Party Custody, and Guardianships Hallie Van Duren delivered a two-part presentation on the complex legal issues surrounding grandparent visitation rights, third-party custody, and guardianships. Hallie co-presented with attorney Kristen Sparks, partner at Garnholz Sparks. Typically, guardianship cases involve neglect, abuse, or the inability of the biological parents to provide a suitable environment for a child. A guardian who is appointed by the Court steps into the role of a parent in all respects. A third-party custody action can similarly result in a third-party custodian stepping completely into the role of a parent, but, unlike in guardianship cases, third-party custody can in some circumstances result in a shared custody arrangement between biological parents and non-parents. Grandparent visitation involves much more limited court-ordered contact between a grandparent and a child or children while preserving the parental right to custody. Hallie outlined the legal standards and procedures for a non-parent to seek custody or visitation of a child in each of these types of cases, emphasizing the paramount concern of establishing and preserving the child's best interests. By exploring statutes, caselaw, and examples, Hallie’s presentation analyzed which type of action would be most appropriate in different circumstances. Over the course of her two-hour presentation, Hallie examined the complex legal balance of preserving relationships between children and grandparents or other third parties while respecting parental rights. Hallie offered practical guidance for Missouri attorneys in advising clients who are either seeking to establish grandparent visitation rights, guardianship, or third-party-custody or defend against such actions.
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