Child Support Past Age 18

[jetsy62]

What is the name of your state (only U.S. law)?PA - My daughter has a well documented learning disability and will have a Chapter 15 when she enters high school in September. Despite this, she has done quite well academically. She spends a lot to time after school going over the material taught that day, gets her rest (normally in bed sleeping by 9:00) and is quite disciplined for a 15 year old. There is no way she will be able to handle college and a job, even part-time. Department heads from Penn State have come to her school to observe, speak with her, etc. to try to figure out how she gets these grades when other kids with her disability struggle so much. Anyway, her child support will cease when she graduates high school. Is there any law that will force her father to at least partially help support her while she is in college? Or should I plan on doing this on my own?

 

[CSO286]

What is the name of your state (only U.S. law)?PA - My daughter has a well documented learning disability and will have a Chapter 15 when she enters high school in September. Despite this, she has done quite well academically. She spends a lot to time after school going over the material taught that day, gets her rest (normally in bed sleeping by 9:00) and is quite disciplined for a 15 year old. There is no way she will be able to handle college and a job, even part-time. Department heads from Penn State have come to her school to observe, speak with her, etc. to try to figure out how she gets these grades when other kids with her disability struggle so much. Anyway, her child support will cease when she graduates high school. Is there any law that will force her father to at least partially help support her while she is in college? Or should I plan on doing this on my own?

Unofficial Purdon's Pennsylvania Statutes from West

The age of majority in PA is now 18 or graduation from high school whichever occurs later. It does not occur automatically. PA no longer recognizes a statutory cause of action for post secondary educational support. 23 Pa.C.S. Section 4327(a) was ruled unconstitutional in 1995 by the Supreme Court of PA in the Curtis vs. Kline case. However, contractually based agreements for post secondary educational support contained in marital separation agreements are enforceable.


Support beyond age of majority may be ordered for a child who has a physical or mental condition which exists as of time the child reaches majority and prevents the child from being self-supported or emancipated.


Basically, if your court order/divorce decree doesn't address costs for post-secondary education, then you're probably out of luck.

However, that last little bit might give you a shot at it--depending on a judge's interpertation and the severity of your child's disability.

Good luck.

 

[jetsy62]

OK - so her disability MAY come into play. She has worked so hard to overcome all the things they said she would not be able to do that I would hate for her dreams of college to be taken away. I have never expected her father to pay for everything. If he continues to pay child support through college that is fine. If he does not pay support and instead pays part of her college that is fine. And who knows, maybe he will come through voluntarily. I have two testing sessions three years apartment from Penn State University, one testing session completed last year from an independent, and like I said she will have a Chapter 15 entering high school documenting her disability so I guess I have done all I can to help my daughter prove her side of things if it comes down to that. Thank you for your help.