What Changes Should I Anticipate Regarding My Court Order When My Child Graduates High School?

Graduation - Child Graduates High School

We are roughly one month away from high school graduation season. If you have a soon-to-be graduate in your household, allow us to be the first to say congratulations. This is a time of hope and new beginnings, and the entire family should celebrate this milestone. But like anything else, a few changes need to be addressed once the pomp and circumstance are over and the reality of exciting next steps sets in. For divorced families, in particular, that could include modifying the divorce decree.

Ah, that is right! Not only is your child graduating high school, but they are not too far removed from turning 18 (if they have not already done so). This brings about a slew of to-do items, leaving many parents to wonder, “What do we need to have in place or change?”

Here are a few critical items divorced families and even many married families should look into once their child graduates high school.

  1. Decrease or loss of child support

    For divorced families, the Texas Family Code states child support generally ends when the child turns 18 or graduates from high school, whichever comes last. If your graduate is an only child, that could mean all child support obligations end a month from now. At a minimum, the parent receiving regular child support payments could likely see a decrease in that monthly income if they have more than one child. There are occasional cases where divorced parents will recognize the need for support beyond graduation and write that into the divorce decree, so if you are curious about how and when this impacts you, it is best to re-familiarize yourself with the language in your decree and speak to your family lawyer to know for sure.

  2. College expenses

    One question many divorced parents may have around this time is, “Who pays for our kid’s college education?” Both parents may be willing to help offset some of those college expenses to ensure their graduate’s future success, but this needs to be worked out between the parents. Texas law does not require parents to pay for college expenses as part of the obligations imposed by the law to support their child when the parents are in a position where a judge is making the decisions on how each parent is required to support the child financially.

  3. Health insurance

    Many plans allow children to remain on their parents’ plans beyond 18 and high school graduation, so you may not have to do anything just yet. That said, Texas law does not require a parent to maintain medical or dental insurance once the child has turned 18 and graduated from high school.

  4. Car insurance

    Unlike health insurance, there is no age limit for car insurance. In other words, your high school graduate or 18-year-old can remain on your existing policy as long as they still live at the same residence and both parents are willing to take on the cost of doing so. That said, your child can get their policy once they are 18. Whether you are a divorced family or happily married, it is wise to have this conversation, too. The Texas Family Code does not require either parent to purchase car insurance for their adult child.

  5. Power of Attorney/HIPPA release

    Executing a legal Power of Attorney document when your child turns 18 is a responsible and practical step for any parent, as it allows you and the other parent to act on the child’s behalf in an emergency. This includes accessing medical information, speaking to doctors, and handling financial information in a pinch when your graduate needs help. Remember that your child is now an adult, and you could run the risk of not being able to help if you do not have a POA.

  6. Cell phones

    Most cell phone companies require customers to be at least 18 years old to sign an individual contract rather than remain on their parent’s plan. But again, nothing stops you from keeping your child on your plan. If you are a divorced family and accounted for cell phones in your divorce decree, it is wise to check to see how this process should work after they turn 18 as it generally will terminate like the other child support obligations.

  7. Government-issued IDs

    It is always a good idea for any household to have their child get a new government-issued ID (adult driver’s license, passport, etc.) when they turn 18.

As a proud parent of a college-bound child, you are likely more than happy to continue paying for college and other expenses after they graduate and turn 18. However, it is essential to discuss all divorce agreements in advance and have them reviewed by a knowledgeable and skilled family law attorney so that you are aware of the substantial risks of obligating yourself to pay for a significant expense in advance when your circumstances may change and impact your ability to fulfill your promise.

This ensures each party is aware of their obligations moving forward and that everyone is comfortable with what they are signing.

Call Nelson Law Group Today!!

If divorce is the answer, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of family law experience to every case.

Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.

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