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Do college students over 18 still receive child support in Kansas?

El Dorado, KS |

My daughter will be attending KU in the fall of 09 and was wondering if her father legally had to continue child support while she is a student?

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Attorney answers 1


“Parents have a common-law duty to support their minor children, regardless of any statute imposing such an obligation. This common-law duty of support continues until the child reaches the age of majority, or the death of the child or the obligor parent.” State ex rel. SRS v. Bohrer, 286 Kan. 898, 906, 189 P.3d 1157 (2008). Kansas statutes authorize the courts to provide for a child’s support and education until the child reaches 18 years of age or until June 30 of the school year in which the child turns 18. Kansas courts cannot expand that duty without the parents’ explicit agreement. Although Kansas courts may order parents to support their minor children in many ways, it is clear that those orders may continue only during the time that the parental support obligation exists, and cannot order that the parents provide college support (absent the parents' agreement). If an order anticipates that benefits for a child will continue past the child’s minority, then the order exceeds the relief authorized by Kansas law. Child support duration and what may be awarded as child support depend on the state in which the original child support order was entered.

This response is informational only and is based on KSA 60-1610. This response is not legal advice and does not constitute creation of any attorney-client relations