Topic:
CHILD SUPPORT;
Location:
CHILD SUPPORT ;
Scope:
Connecticut laws/regulations;

OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




May 18, 1995 95-R-0762

TO:

FROM: Neil A. Ayers, Research Fellow

RE: Child Support

You asked whether other states allow courts to order that child support payments continue after a child's eighteenth birthday, particularly with regard to disabled children. You also asked about Connecticut's policy in this area.

SUPPORT PAST EIGHTEEN

We contacted the National Conference of State Legislatures. They report that most states provide for continued child support past the age of eighteen in certain circumstances (see Table I). Five jurisdiction specify that support payments may continue until age 21. Nine states specifically extend child support in the case of a disabled child, while 35 states allow extended child support payments based on enrollment in high school. Five states, Hawaii, Massachusetts, Missouri, Pennsylvania and Washington include higher education in the decision to extend child support benefits.

CONNECTICUT

Connecticut extends support payments for an unmarried child who lives with one of the parents until the age of nineteen or until completion of the twelfth grade, whichever comes first (CGS § 46b-84). This applies only to support orders arising from divorces, legal separations, or annulments decided on or after July 1, 1994. For orders arising prior to this date, support payments end at eighteen, the legal age of majority in Connecticut.

Table I: Age of Majority For Termination of Support

State Age

Alabama 19

Alaska 18; 19 if actively pursuing high school diploma; court can extend if child is mentally or physically disabled.

Arizona 18 or while still actually attending high school; exceptions exist for handicapped children.

Arkansas 18 or when child graduates high school; can be extended for mental or physical disability.

California 18; if child is still in high school, 19 or graduation, whichever is first.

Colorado 19; extension is a judicial decision based on evidence regarding dependency.

Connecticut 18; if child is still in high school, 19 or graduation, whichever is first.

Delaware 18; if child is still in high school, 19 or graduation, whichever is first.

District of Columbia 21 or the point where child is self-supporting, whichever is first.

Florida 18; 19 if child will graduate from high school by that age; can be extended if child is declared legally dependent due to

mental or physical disability.

Georgia 18; may be extended to 20 if child is still in high school.

Guam 18

Hawaii 18; may be extended to 23 if child is enrolled full-time in an accredited higher education or vocational institution.

Idaho 18; may be extended to 19 if the child is still in high school.

State Age

Illinois 18; may be extended by court order under special circumstances.

Indiana 21 unless judge determines that the child is emancipated; an education order can extend age if filed prior to emancipation.

Iowa 18; or as ordered by the court.

Kansas 18; can be extended through school year in which the child turns 19.

Kentucky 18; 19 if child is attending high school.

Louisiana 18; if child is attending high school, 19 or graduation, whichever is first.

Maine 18; if child is attending high school, may be extended to 19 or graduation, whichever is first.

Maryland 18

Massachusetts 18; court may extend to 21 if child is determined to be dependent; may be extended to 23 if child is dependent and enrolled in an undergraduate education program.

Michigan 18; may be extended to 19 1/2 for the completion of high school.

Minnesota 18; 20 if still attending high school; can be extended for person who is incapable of self-support due to physical or mental disabilities.

Mississippi 21

Missouri 18; if child is attending high school, 21 or graduation, whichever is first; if child enrolls in college or vocational school, 22 or graduation, whichever is first.

State Age

Montana 18; if child is attending high school, 19 or graduation, whichever is first.

Nebraska 19

Nevada 18; 19 if still in high school.

New Hampshire 18 or graduation from high school, whichever is first; may be extended if child is mentally or physically disabled.

New Jersey Determined by courts.

New Mexico 18; earlier if court determines that the child is emancipated.

New York 21; earlier if court determines that the child is emancipated.

North Carolina 18; if child is attending high school, 20 or graduation, whichever is first.

North Dakota 18; if child is attending high school, 19 or graduation, whichever is first.

Ohio 18 or graduation from high school, whichever is later.

Oklahoma 18; may be extended up to 19 if child is attending high school.

Oregon 18; 21 if in school half time or more.

Pennsylvania 18; may be extended if child is still in high school; may be extended for child with physical or mental disabilities or for a child continuing education.

Puerto Rico 21; or when minor is self-supporting.

Rhode Island 18; may be extended until the termination of the child's secondary education.

South Carolina 18; judge may extend this until graduation from high school

.

State Age

South Dakota 18; 19 if child is attending high school.

Tennessee 18 or when child's class graduates from high school.

Texas 18; may be extended through high school or if child has physical or mental disability.

Utah 18 or when child's class graduates from high school.

Vermont 18; if child is still attending high school, 19 or 90 days after graduation, whichever is first.

Virgin Islands 18; 22 if child is full time student engaged in graduate studies.

Virginia 18; 19 if child is attending high school; may be extended if child is handicapped or otherwise incapacitated from earning a living.

Washington 18; may be extended for post-secondary education.

West Virginia 18; court may extend if child is in high school.

Wisconsin 18; if child is attending high school, 19 or graduation, whichever is first.

Wyoming 19 unless otherwise self-supporting.

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