|
State |
Termination of Support Guideline |
Duty to Provide College Support |
|
Alabama |
Per AL Code 1975, 26-1-1, the
age of majority is 19. |
Courts may require parents to provide post-minority support for child's college education. Ex Parte Bayliss, 550 So. 2d 1038 (1989); Ala. Code § 30-3-1. |
|
Alaska |
Termination of support at 18, or 19 if child enrolled in high school or equivalent and residing with custodial parent |
Courts may not require either parent to pay for post-majority college support. H.P.A. v. S.C.A., 704 P.2d 205 (Alaska 1985) |
|
Arizona |
Termination of support at 18 or until child graduates from high school |
No statute or case law holding parents to a duty to college support in the absence of an agreement; courts will enforce contracts to provide such support. Solomon v. Findley, 167 Ariz. 409, 808 P.2d 294 (1991). |
|
Arkansas |
Termination of support at 18 or when child graduates from high school |
No statute or case law holding parents to a duty to college support in the absence of an agreement.
Once child reaches majority, the legal duty of the parents to provide support ends. Towery v. Towery, 285 Ark. 113, 685 S.W.2d 155 (1985). |
|
California |
Termination of support at 18, or if child is in high school, then until child graduates from high school or turns 19, whichever is first |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Colorado |
Termination of support at 19 or judicial termination |
Colo. Rev. Stat. § 14-10-115(1.5)(b) provides that if the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute to the education expenses of the child. The court may not issue orders for both child support and postsecondary education to be paid at the same time. See In re marriage of Robb, 934 P.2d 927 (Col. Ct. App. 1997). |
|
Connecticut |
Termination of support at 18 |
Courts will not order post-secondary educational support unless there is a specific agreement between the parties. Cariseo v. Cariseo, 190 Conn. 141, 459 A.2d 523 (1983). |
|
Delaware |
Termination of support at 18; if child still in high school, support terminates at age 19 or graduation, whichever is first |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
D.C. |
Termination of support at 21 or emancipation |
D.C. Code § 16-916 provides that minor children are entitled to support; the age of minority is 21. |
|
Florida |
Termination of support at 18, or at 19 if child will graduate from high school by that age |
No statute or case law holding parents to a duty to college support in the absence of an agreement.
Courts will compel postsecondary support upon a finding of actual "dependency," but attendance at college does not necessarily render a child dependent. Slaton v. Slaton, 428 So.2d 347 (Fla. DCA 1983). |
|
Georgia |
Termination of support at 18, or to 20 if child still in secondary school |
Ga. Code Ann. § 19-6-15(e) provides that the trial court, in its sound discretion, may allow financial assistance to a child (not married or emancipated) who is enrolled in college, provided that assistance shall not be required after the child reaches 20 years of age. |
|
Hawaii |
Termination of support at 18, but may be extended to 23 if child enrolled in accredited higher educational institution |
Haw. Rev. Stat. § 580-47 and Haw. C.S.G. provide that courts may order support of adult children for college. |
|
Idaho |
Termination of support at 18, or to 19 by court order if child enrolled in formal education |
No statute or case law holding parents to a duty to college support in the absence of an independent agreement.
See Noble v. Fisher, 126 Idaho 885, 894 P.2d 118 (1995) (where father agreed to pay half of college expenses in separation agreement and agreement was merged into decree, agreement was unenforceable as contract). |
|
Illinois |
Termination of support at 18 |
750 Ill. Law. Con. Stat. § 5/513 provides that the court may make provisions for the education expenses of the children of the marriage, whether of minor or majority age. |
|
Indiana |
Termination of support at 21 or emancipation |
Ind. Code § 31-16-6-2 provides that a child support order may include sums for the child's education at institutions of higher learning, where appropriate. |
|
Iowa |
Termination at 18 or as ordered by the court |
Iowa Code § 598.1(2) provides that "support" means an obligation which may include support for a child who is between the ages of 18 and 21 who is regularly attending an accredited school or is, in good faith, a full time student in college or has been accepted for admission to college for the next term. |
|
Kansas |
Termination of support at 18, and automatically extended to end of school year in which child turns 18; may be extended to 19 on agreement of parents |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Kentucky |
Termination of support at 18, or 19 if child still attending high school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. See also Reed v. Reed, 457 S.W.2d 4 (Ky. 1970). |
|
Louisiana |
Termination of support at 18 or emancipation; if child is still in high school, until 19 or graduation, whichever is first |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Maine |
Termination of support at 18; if child is still in high school, until 19 |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Maryland |
Termination of support at 18 |
No statute or case law holding parents to a duty to college support in the absence of an agreement.
The Maryland child support guidelines provide, however, that in determining whether the application of the guidelines would be unjust or inappropriate in a particular case, the court may consider the terms of any existing separating or property settlement agreement or court order, including any provisions for payment of college educational expenses. |
|
Massachusetts |
Termination of support at 18, or to 21 if child is domiciled with parent, or age 23 if enrolled in an education program |
Mass. Gen. Laws. Ch. 208, § 28 allows a court to render an order for support for a child between the ages of 18 and 21 who is domiciled in the home of a parent and principally dependent upon said parent for support. See Doe v. Roe, 32 Mass. App. Ct. 63, 585 N.E.2d 340 (1992). |
|
Michigan |
Termination of support at 18, but may be ordered until 19 1/2 for completion of high school or beyond by agreement |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Minnesota |
Termination of support at 18 or at 20 if child is attending secondary school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Mississippi |
Termination of support at 21 |
Since the age of majority in Mississippi is 21, support for college expenses may be ordered up to that age. Stokes v. Martin, 596 So.2d 879 (Miss. 1992). |
|
Missouri |
Termination of support at 18; or upon graduation from high school or age 21, whichever occurs first; if child enrolled in vocational school or college, to 22 |
Mo. R. Civ. Pro. 88.01; Mo. Rev. Stat. § 452.340.5 provides that if the child is enrolled in an institution of higher education, the parental support obligation shall continue until the child completes his education or until the child reaches the age of 22, whichever occurs first. |
|
Montana |
Termination of support at 18 or emancipation; or to 19 if enrolled in high school |
Mont. Code Ann. § 40-4-204(2)(d) allows a court to consider the child's educational needs in setting support. |
|
Nebraska |
Termination of support at 19 |
A district court in a dissolution action may not order child support beyond the age of the majority of a child over the objection of any parent absent a previous agreement between the parents. In this case, the parents' prior agreement was enforced. Zetterman v. Zetterman, 245 Neb. 255, 512 N.W.2d 622 (1994). |
|
Nevada |
Termination of support at 18 or at 19 if still in high school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
New Hampshire |
Termination of support at 18, or graduation from high school, whichever is later |
Gnirk v. Gnirk, 134 N.H. 199, 589 A.2d 1008 (1991) held that support may be awarded for college expenses of adult children in appropriate circumstances. |
|
New Jersey |
Termination of support at age of majority or as determined by court |
Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority. |
|
New Mexico |
Termination of support at 18, or emancipation |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
New York |
Termination of support at 21 or emancipation as determined by court |
N.Y. Do . Re. Law § 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991). |
|
North Carolina |
Termination of support at 18, or through secondary school or age 20, whichever comes first |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
North Dakota |
Termination of support at 18, but if child is enrolled in high school, support continues to 19 or graduation |
N.D. Cent. Code § 14-09-08 allows a court to order support for college expenses. See Johnson v. Johnson, 527 N.W. 2d 663 (N.D. 1995). |
|
Ohio |
Termination of support at 18 or graduation from high school, whichever occurs later |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Oklahoma |
Termination of support at 18, or until child completes high school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Oregon |
Termination of support at 18, or 21 if in school half-time or more |
Or. Rev. Stat. § 107.275(1)(e) authorizes a court to order a parent to pay support for a child attending college to age 21. See In re Marriage of Wiebe, 113 Or. App. 535, 833 P.2d 333 (1992). Also see In re Marriage of Crocker, 157 Or. App. 651 (1998 Ore). |
|
Pennsylvania |
Termination of support at 18 or completion of high school, whichever is later |
No statute or case law holding parents to a duty to college support in the absence of an agreement.
See Curtis v. Kline, 542 Pa. 249, 666 A.2d 265 (1995). |
|
Rhode Island |
Termination of support at 18, or until 90 days past high school graduation or 19, whichever is sooner |
1998 R.I. Pub. Laws, § 2697 allows court to order a non-custodial parent to pay for higher education for a child between the ages of 18-23. |
|
South Carolina |
Termination of support at 18, or until graduation from high school |
Court may order college support. Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979); West v. West, 309 S.C. 28, 419 S.E.2d 804 (Ct. App. 1992) (jurisdiction of the family court is permitted in cases of children over 18 years of age where exceptional circumstances warrant it; family court judge may require a parent to contribute that amount of money necessary to enable a child over 18 to attend high school and four years of college, where there is evidence that: (1) the characteristics of the child indicate that he or she will benefit from college; (2) the child demonstrates the ability to do well, or at least make satisfactory grades; (3) the child cannot otherwise go to school; and (4) the parent has the financial ability to help pay for such an education). |
|
South Dakota |
Termination of support at 18, or 19 if attending secondary school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Tennessee |
Termination of support at 18, unless child is still in high school, in which case support terminates on graduation |
No statute or case law holding parents to a duty to college support in the absence of an agreement.
See also Nash v. Mulle, 846 S.W.2d 803 (Tenn. 1993). |
|
Texas |
Termination of support at 18 or graduation from high school, whichever is later |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Utah |
Termination of support at 18 or when child graduates from high school |
Utah Code Ann. § 15-2-1 provides that in divorce actions, courts may order support to age 21. |
|
Vermont |
Termination of support at 18 or graduation from secondary school |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Virginia |
Termination of support at 18; unless child is in high school, in which case support terminates at 19 or graduation, whichever comes first |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Washington |
Termination of support at 18; court may order post-secondary support |
Wash. Rev. Code § 26.19.090 provides that the court may, in its discretion and according to enumerated factors, award college support. |
|
West Virginia |
Termination of support at 18, or up to 20 if enrolled in secondary school |
W. Va. Code 48A-1B-1 allows the court to award college support. |
|
Wisconsin |
Termination of support at 18, or if still in school, at graduation from high school or age 19, whichever is sooner |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Wyoming |
Termination of support at 18 or to 20 for secondary education |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
|
Source: Morgan, Laura W., Child Support Guidelines, 1998 Supplement, Aspen Law & Business, New York, 1998. |
