Savanna Hoffman
Whether or not students are required to pay child support is a complex issue that varies depending on location and individual circumstances. In the US, for example, laws differ between states, with some requiring child support payments to continue while a child is attending school full-time, and others, such as Florida, where child support payments can be terminated once a child graduates from high school or turns 18. In the UK, child maintenance is payable until a child is 16 or up to 20 if they are in full-time secondary education, meaning there is no requirement to continue payments once a child goes to university. While attending college may be considered an exception to voluntary underemployment, and student loans are not typically considered income, students may still be required to pay child support depending on their specific situation.
| Characteristics | Values |
|---|---|
| Students with children receiving child support | Students with children can receive child support payments from their parents if there is a current support order. |
| Student parents paying child support | Student parents may be required to pay child support, even if they have little to no income. |
| Impact of student loans on child support | Any student loan money received beyond tuition and textbook costs can be considered income and may impact the amount of child support owed. |
| Child support during college | Some states may require parents to continue child support payments if the child is attending college full-time. |
| Child support after high school | In some states, child support may continue after a child graduates from high school or turns 18 if the child has a severe disability. |
| Child support and parental income | Courts may impute income to a parent who voluntarily reduces their income to attend college and determine child support based on potential income. |
| Child support and parental rights | The father of a child born out of wedlock may not have parental rights or be entitled to child support until they establish paternity in court. |
| Child support and mediation | If parents cannot agree on child support, mediation can be used to reach a financial agreement without going to court. |
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What You'll Learn
Child support obligations for students with no income
Child support obligations vary depending on the state and individual circumstances. In general, the fact that one is a full-time student does not relieve one of the responsibility to pay child support. However, if a parent is unemployed or underemployed, this can affect the amount of child support they are required to pay.
In the state of Florida, statutes require that the court imputes at least minimum wage to a parent that is not disabled and more if the parent is voluntarily underemployed. Courts in other states follow a similar approach, where they base child support on imputed or potential income if a parent voluntarily reduces their income to attend college. This potential income is calculated by multiplying the state or federal minimum wage (whichever is higher) by 30 to determine the parent's gross weekly income.
There are two exceptions to the rule that courts must base child support on imputed or potential income if a parent is voluntarily underemployed. The first is when the parent's unemployment or underemployment is "temporary and will ultimately lead to an increase in income." Many argue that attending college fits into this exception, as a student's unemployment or underemployment is temporary and designed to lead to an increase in income once they finish their degree. However, courts do not always agree, and the longer it takes to graduate, the less likely this exception will apply.
The second exception is when a parent's unemployment or underemployment "represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child." Again, some parents argue that attending college fits into this exception, especially if they are pursuing a career that requires a degree. However, not all career changes are considered genuine, and few will outweigh the adverse effects of diminished income on the child.
It is important to note that any student loan dollars received above the cost of tuition and textbooks can be considered income. Therefore, if student loans are used to pay for rent, a car, or other living expenses, this income could be taken into consideration by the court when setting child support.
If you are a college student being asked to pay child support, it is in your best interest to speak with a family lawyer, as these situations are complicated and judicial officers have different opinions on this issue.
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Child support laws for students in Oregon
In Oregon, children between the ages of 18 and 21 who are attending school may be entitled to receive child support payments from their parents if there is a current Oregon support order. To qualify as a "Child Attending School", the child must:
- Be enrolled in school at least half-time, as defined by the school.
- Make satisfactory academic progress, as defined by the school.
- Notify the Oregon Child Support Program and the paying parent(s) of their intent to attend or continue attending school.
- Consent to the release of information by the school to the paying parent(s) regarding the child's enrollment status, academic progress, class schedule, and grades.
- Notify any changes in schools to the Oregon Child Support Program and the paying parent(s) in advance.
It is important to note that the laws regarding child support for students over the age of 18 vary from state to state. If the original support order was issued by another state, it is necessary to review the specific order and the laws of that state.
In terms of the obligations of student parents to pay child support, there is no specific exemption from child support obligations for students. However, if a parent voluntarily reduces their income to attend college, the court must base child support on imputed or potential income. The court will use one of several methods to determine this potential income.
There are two primary exceptions to this rule:
- Temporary underemployment: If a parent's unemployment or underemployment is temporary and will ultimately lead to an increase in income, this may be considered an exception. Many college students argue that this exception applies to them, as their unemployment or underemployment during college is temporary and intended to lead to higher-paying job opportunities after graduation.
- Bona fide career change: If a parent's underemployment represents a genuine career change that outweighs the negative impact of their diminished income on the child, this may be considered an exception. Some parents who decide to pursue a new career path requiring a college degree argue that this exception applies to them.
It is important to note that judicial officers may have differing opinions on these issues, and specific circumstances can significantly influence the outcome of each case. As such, it is recommended to consult with a family law attorney for specific legal advice.
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Child support for students with disabilities
Students enrolled in college full-time may be required to pay child support, depending on their specific situation. In some states, child support may continue even after the child has reached the age of 18. For instance, in Oregon, children between the ages of 18 and 21 who are attending school may be entitled to receive child support payments from their parents if there is a current Oregon support order.
In the context of students with disabilities, the discussion of child support revolves around adult children with disabilities and whether parents are obligated to provide financial support. The laws and court rulings regarding this matter vary across different states and jurisdictions. However, a common theme emerges regarding the concept of "emancipation."
In general, the majority of courts have ruled that an adult child must have incurred their disability before reaching the age of majority (typically 18 years old) for their parents to be legally obligated to provide financial support. This is based on the "emancipation rationale," which asserts that a child with a disability may never become emancipated due to their incapacity, and therefore, the parents' obligation to provide support continues into adulthood.
Additionally, Social Security payments received by an adult child due to the disability or retirement of the parent obligated to pay child support may be considered when calculating the parent's support obligation. This is because such payments are a result of the parent's contributions to the Social Security system. However, if the child receives Social Security benefits for reasons other than the work history of the retired or disabled parent, those payments may not be considered in reducing the parent's child support obligation.
It is important to note that the laws regarding child support for adult children with disabilities can be complex and vary by state. Seeking legal advice from a family law attorney or consulting resources specific to your state or territory, such as ChildCare.gov, is recommended to understand your rights and responsibilities in such situations.
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Child support obligations for non-married students
Firstly, it is important to establish paternity. Fathers are legally obligated to pay child support once legal paternity is confirmed, regardless of their marital status. This also applies to unmarried couples who are separated or have never lived together. Without established paternity, a father may not have any legal rights or obligations regarding the child.
For students with little or no income, the court will typically impute a potential income based on their education and future earning potential. This imputed income will be used to determine the amount of child support they are obligated to pay. Student loan amounts above the cost of tuition and textbooks may also be considered as income by the court. While being a full-time student does not relieve one of the responsibility to pay child support, the specific amount to be paid will depend on the individual's financial situation.
It is worth noting that some states, like Oregon, allow children between the ages of 18 and 21 who are attending school to receive child support payments from their parents if certain requirements are met. On the other hand, some states may terminate child support obligations once the child reaches the age of majority, which is typically 18, unless they are still in high school, in which case it may extend until they graduate or turn 19.
The laws and guidelines regarding child support for non-married students can be complex and vary from state to state. It is always advisable to seek guidance from an experienced family law attorney or legal professional to understand your specific rights and obligations.
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Child support obligations for students in Florida
In Florida, child support obligations typically end when the child turns 18. This means that parents are generally not required to pay for their child's college tuition. However, there are some nuances to this. Firstly, if the child graduates before turning 18, child support will continue until their 18th birthday. Secondly, while Florida state laws do not mandate parental support for college tuition, parents can agree to contribute to their child's college expenses as part of their divorce settlement. This agreement should be formal and legally binding, specifying the expenses covered, the duration of support, and the rate of payment.
Florida courts take a strong stance on parental underemployment and unemployment. They can impute income based on recent work history or occupational qualifications. For example, a parent with a master's degree working a minimum-wage job may have their income imputed at a higher level if they cannot prove attempts to find commensurate employment. Additionally, if a parent voluntarily reduces their income to pursue education, the court must determine child support based on imputed or potential income. There are two exceptions to this rule: when the parent's underemployment or unemployment is temporary and will lead to increased income, and when it represents a bona fide career change that outweighs the adverse effect on the child.
College students themselves may be ordered to pay child support, depending on their specific circumstances. While student loans intended for tuition and textbooks are not considered income, any loan amounts exceeding these expenses can be considered income by the court. It is recommended that college students facing child support obligations consult with a family lawyer to navigate these complex situations.
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Frequently asked questions
The short answer is "Yes". However, the outcome of a case depends heavily on the specific situation. For example, in Oregon, students aged 18-21 may be entitled to receive child support payments from their parents if there is a current support order in place.
Generally, parents stop making child support payments when a child turns 18 and graduates from high school. If the child is still in high school full-time and cannot support themselves, it may continue until they are 19. In California, under special circumstances, a court may order child support to continue after the child becomes an adult.
Child support may be continued for children under the age of 23 who are attending school or vocational training full-time. However, this depends on the laws of the state where the child support order was originally created.
