Does Child Support Continue Through College in Hawaii? The Age 23 Rule Explained
Unlike most states where support ends at 18, Hawaii law allows child support to continue until age 23 if your child is enrolled full-time in an accredited college, university, or vocational school.
Hawaii's Unique Age 23 Rule for College Students
In many parts of the United States, a parent's legal obligation to pay child support terminates the moment their child turns 18 or graduates from high school. Hawaii, however, takes a different approach to higher education. Under Haw. Rev. Stat. § 580-47(a), the family court has the authority to extend child support payments for an adult child up to the age of 23. This law exists to encourage youth to pursue higher education and to ensure that a young adult's educational prospects are not derailed by their parents' divorce. This rule is a massive point of contention in Hawaii family courts, making it vital to understand the exact enrollment requirements.
Full-Time vs. Part-Time Enrollment
To qualify for continued child support past age 18, the adult child generally must be enrolled as a full-time student in an accredited college, university, or vocational/trade school. The definition of 'full-time' is typically determined by the institution itself (often 12 or more credit hours per semester). If the child drops a class mid-semester and falls below the full-time threshold, the paying parent may have grounds to request a termination of support. Exceptions for part-time enrollment are rare but may be considered by a judge if the child has a documented medical condition or disability.
Who Pays for Actual Tuition Costs?
It is important to differentiate between standard monthly child support and the actual cost of college tuition. The extended child support is meant to cover the young adult's living expenses (room, board, food). However, under Hawaii law, judges can also order parents to contribute directly to the college tuition itself, depending on both parents' financial abilities and the child's educational needs. This principle has been examined in cases like Nabarrete v. Nabarrete, 86 Haw. 368 (HI Intermediate Court of Appeals 1997), which solidifies the court's power to enforce educational support obligations for adult children.
How a Gap Year Affects Continuous Support Obligations
Taking a gap year after high school is popular, but it can disrupt child support in Hawaii. If a child graduates high school at 18 and takes a year off to work or travel before enrolling in college, the child support obligation generally terminates during that period. The receiving parent or the adult child would need to file a new motion with the family court to reinstate the support once the child officially enrolls full-time before reaching age 23.
Step-by-Step Process to Request or Terminate Support
Whether you are seeking to extend support for a college-bound child or looking to terminate payments because your child dropped out, you must follow official court procedures.
Step 1: Verify Enrollment Status
Gather official documentation from the college or trade school registrar's office. You will need proof of acceptance, a schedule showing full-time credit hours, and a tuition invoice. Without proof of full-time enrollment, the court will not extend the support.
Step 2: File a Post-Decree Motion
To formally ask the court to modify, extend, or terminate the order, you must file Form 1F-P-854, Hawaii, Family Court, Motion and Declaration for Post-Decree Relief. You cannot simply stop paying child support on your own without a court order, even if you know the child dropped out.
Step 3: Submit Paperwork to the Court
File your motion at your local family court, such as the Family Court of the First Circuit, Kapolei or the Family Court of the Third Circuit, Hilo. A copy must be legally served to the other parent.
Step 4: Attend the Hearing
Both parents will appear before a judge to argue their case. The court will review the student's enrollment records, the parents' current financial situations, and make a ruling on whether support will continue until age 23.
Costs of Post-Decree Litigation
Going back to court to fight over college support involves fees.
| Motion Filing Fee | Typically $50 to $100 for post-decree motions in Hawaii. |
| Service of Process | $50 to $125 to officially notify the other parent. |
| Attorney Fees | $250 - $450 per hour. Find a qualified lawyer in our directory. |
Timeline
It is highly recommended to file a motion to extend support several months before the child's high school graduation. Once a motion is filed, obtaining a hearing date in Hawaii family courts generally takes 4 to 8 weeks. If the matter is heavily contested, it could take 3 to 5 months to receive a final ruling.
Frequently Asked Questions (FAQ)
Does the support go directly to the adult child or the parent?
Usually, the child support continues to be paid to the custodial parent to help maintain the household for the student. However, the court has the discretion to order payments directly to the adult child or the educational institution.
What happens if the child fails their college classes?
If a child performs poorly and is placed on academic probation but remains enrolled full-time, support generally continues. However, if they are expelled or drop below full-time status, the paying parent can file to terminate support.
Can support extend past age 23?
Under standard educational provisions, support ends strictly at age 23, regardless of whether the child has finished their degree. The only typical exception for lifelong support is if the adult child is severely disabled and incapable of self-support.
Do online colleges count for the Age 23 rule?
Yes, as long as the online institution is fully accredited and the child is enrolled as a full-time student according to the school's criteria.
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