Temporary breaks in post-secondary vocational education do not violate the continuous enrollment requirement of Missouri's post-secondary education child support law.
Child support in Missouri can continue after the child turns 18, and until 21, if the child is attending a post high school education program, provided that several requirements are met. (See RSMo section 452.340.5 below in the extended post). One such requirement is that the child be continuously enrolled in the education program. A recent ruling from the Court of Appeals held that temporary breaks during the education, in this case a vocational program, do not violate the continuous enrollment requirement. The Court stated that the statute clearly contemplates a reasonable semester-long break, which is the summer break in a traditional college schedule, from post-secondary schooling. The statue does not require a post-secondary student to attend school for over a year without a break, or until 21 with no break whatsoever.
In the recent case, the student was attending a vocational program that had a course schedule in 60 week blocks (a year and a few months), and the non-custodial parent attempted to terminate the child support and emancipate the child when the child took a 10 week break, not enrolling in the next session immediately after the previous one. The trial court agreed and ordered the child emancipated, but the Court of Appeals reversed, stating that a child should not have additional burdens placed on him or her simply because they attend a vocational program rather than a traditional college. See below for the complete text of the relevant statute.
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