In Texas, child support usually ends when the child turns 18 or graduates from high school, whichever happens later. Support continues past the 18th birthday only while the child is enrolled in a program that leads to a high school diploma and meeting attendance rules. It can end sooner if the child marries, is emancipated by a court, joins the military or dies. Texas courts don’t order support for college, though parents can agree to it.
Two practical points catch many families off guard. Wage withholding doesn’t switch off by itself when support ends, and back child support doesn’t disappear when the child turns 18. Below we explain the graduation rule, the exceptions, and how to close out a support order the right way.
Does child support end at 18 or graduation in Texas?
Both, in a sense. Texas Family Code Section 154.001(a) lets a court order support until the child is 18 or graduates from high school, whichever occurs later. Your own order’s termination paragraph controls the details, so read it first.
Here’s how the “later of” rule plays out for a high school senior. Say your daughter turns 18 in February and graduates in late May. If she stays enrolled and keeps up her attendance, support generally continues through graduation. The order may even provide that payments run through the end of the month she graduates (Section 154.002(c)).
Now flip it. If your son graduates in May and turns 18 in July, support runs to his 18th birthday, because that’s the later date. In our work with Central Texas families, this senior-year timing is a common point of confusion. Stopping payments at the birthday while graduation is still months away can leave a parent in arrears.
When support continues after the child turns 18
Support past 18 depends on school, not age. Under Section 154.002(a), a Texas court can order child support after the 18th birthday only while the child is enrolled in one of three kinds of programs and meets that school’s attendance requirements:
- An accredited secondary school, in a program that leads to a high school diploma.
- Courses for joint high school and junior college credit.
- A private secondary school, on a full-time basis, in a diploma program.
The statute doesn’t set a maximum age. You may see claims online that Texas support stops at 19 no matter what. That limit isn’t in Section 154.002. The test is enrollment and attendance.
A request for support through graduation can be filed before or after the 18th birthday (Section 154.002(b)). And if an 18-year-old stops going to school, the order doesn’t end on its own. Section 154.006(a)(4) ends it on a court’s finding that the child is 18 or older and has failed to meet the enrollment or attendance requirements. A paying parent who simply stops paying risks arrears if a judge sees it differently. Our Texas child support lawyers can help you get that finding on the record first.
Does Texas child support cover college?
Not by default. Texas law gives family law courts no power to order a parent to pay support for a child in college. Section 154.001 limits court-ordered support to the later of 18 or high school graduation, with exceptions for a disabled child. So unless your order or a written agreement says otherwise, support ends before the first semester starts.
Parents can agree to more. Section 154.006(a) says the termination events apply “unless otherwise agreed in writing or expressly provided in the order.” Some divorcing parents write tuition, books or a college savings plan into a mediated agreement or agreed decree. How that promise can be enforced depends on its exact wording, so have any college provision reviewed before you rely on it.
Turning 18 changes more than support. Once your child is a legal adult, you may need signed documents to help with medical or financial decisions. Our post on estate planning documents for a college student covers that side.
Events that end child support early
Texas child support can end before the 18th birthday or graduation. Unless the order or a written agreement says otherwise, Section 154.006(a) ends a Texas child support order when one of six events happens, from marriage or emancipation to the start of active military service:
- The child marries.
- A court removes the child’s disabilities of minority for general purposes, often called emancipation.
- The child dies.
- A court finds the child is 18 or older and not meeting school enrollment or attendance rules.
- A court terminates the parent-child relationship because genetic testing excluded the paying parent as the father.
- The child enlists in the U.S. armed forces and begins active service.
One more surprises people. If the two parents marry each other, or remarry each other, current support and the custody provisions end under Section 154.006(b), unless a nonparent or agency was appointed conservator.
Support for a disabled adult child
There’s one major exception to the age rules. Under Section 154.302, a court can order support for an indefinite period when a child needs substantial care and personal supervision because of a mental or physical disability, won’t be capable of self-support, and the disability existed or its cause was known by the 18th birthday. That’s a separate analysis with its own evidence, so talk with a lawyer before the 18th birthday if it may apply.
When there are other children, or the child moves in with you
If your order covers more than one child, one child aging out doesn’t end the support obligation for the others. Under the Section 154.125 guidelines, support for two children is presumptively 25 percent of the paying parent’s net resources, and for one child it’s 20 percent.
Some orders list the lower amount that applies once the oldest child’s support ends. If yours doesn’t, the amount doesn’t adjust on its own, and the paying parent can ask the court for a modification of the support order.
The same caution applies when a teenager who is still in high school moves in with the paying parent. A change in where the child lives doesn’t rewrite the divorce decree or child custody order by itself. Support payments stay due as ordered until a court changes them, so file promptly rather than relying on an informal arrangement between parents.
How to end child support withholding the right way
Ending the support duty and ending wage withholding are two different steps. An employer follows the writ of withholding it has until it receives a revised writ or an order that ends withholding. So the paycheck deduction can keep running after the child graduates unless someone tells the employer, in the right form, to stop.
When both parents agree, Section 158.402 offers a simple route. If the order ties withholding to the later of 18 or graduation, the parents can file a notarized or acknowledged request with the court clerk. The clerk then issues a revised writ to the employer. That agreement doesn’t change the support order itself (Section 158.402(d)). If a court has already signed an order ending withholding, anyone can deliver a certified copy to the employer (Section 158.404).
If the Office of the Attorney General handles your case, the OAG has its own procedures for ending withholding (Section 158.401). When the parents don’t agree, the paying parent can file a petition asking the court to terminate withholding.
Paid too much? Section 154.012 says that when support has ended and the paying parent isn’t behind, the parent who received support must return payments that exceed the amount ordered, including payments made after the end date. If that parent doesn’t, a court must order the refund plus reasonable and necessary attorney’s fees, costs and expenses, unless it finds good cause.
Back child support doesn’t end at 18
Current support may stop, but unpaid support from earlier years stays owed, and that support obligation can follow a parent for years. When no current support is due, a court or the OAG orders withholding in an amount that clears the arrears within two years (Section 158.004). Past-due support also grows at 6 percent simple interest per year (Section 157.265).
The parent who is owed support has time to act, but not forever. A motion asking for contempt must be filed within two years after the child becomes an adult or support ends. A request to confirm the arrears in a money judgment can be filed up to 10 years after that date (Section 157.005). If you’re on either side of a balance like that, see how enforcing back child support works in Texas courts.
This article is general information, not legal advice for your situation. If your child’s 18th birthday or graduation is coming up, or support has ended but the deductions haven’t, our child support attorneys can review your order and help you close it out cleanly. We meet with parents in Austin, Buda, Bastrop, New Braunfels and Victoria.
Frequently asked questions
Does child support end at 18 or graduation in Texas?
Whichever is later. Under Family Code Section 154.001, support can run until the child turns 18 or graduates from high school. Past 18, the child must stay enrolled in a diploma program and meet attendance rules (Section 154.002).
Do you still have to pay child support if the child goes to college in Texas?
Not unless you agreed to it. Texas courts can’t order support for college. Parents can agree in writing to help with college costs, and how that promise is enforced depends on its wording in the agreement or order.
How long does it take to terminate child support withholding in Texas?
It depends on the route. With an agreement, parents can file a notarized request and the clerk issues a revised writ to the employer (Section 158.402). Without one, it takes a court order or the OAG’s process in OAG cases.
What happens if my child drops out of high school after turning 18?
Support doesn’t end automatically. Section 154.006(a)(4) ends the order on a court’s finding that the child is 18 or older and not meeting enrollment or attendance requirements, so ask the court for that finding.
Is there a maximum age for child support for a high school student in Texas?
Section 154.002 doesn’t set one. Support past 18 depends on enrollment in a diploma program and meeting attendance requirements, not on the child’s age.