College and Adult Child Support in Tennessee: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

We found no Tennessee provision for court-ordered college support. The court may continue support for a handicapped or disabled child to 21, and beyond for a severely disabled child living under a parent’s care.

Does child support cover college in Tennessee?

We found no provision in the guidelines (1240-02-04) or the statute that lets a court order support for college. Tennessee’s duty runs to 18 or graduation, and to 21 or longer only for a disabled child (Tenn. Code 36-5-101(k)). College help usually rests on a written agreement incorporated into the decree, which can be enforced by the court that made it.

Is there child support for a disabled adult child in Tennessee?

Yes, in the court’s discretion. The court may continue support beyond minority for a child who is handicapped or disabled, as defined by the Americans with Disabilities Act, until the child reaches 21 (36-5-101(k)(1)).

What if the child is severely disabled?

The 21-year limit does not apply if the child is severely disabled and living under the care and supervision of a parent, the court finds it is in the child’s best interest to remain under that care, and the obligor is financially able to continue; the court may then require support for such period as it deems in the child’s best interest. If the child was disabled before 18 and remains severely disabled when a divorce decree is entered, the court may order support regardless of the child’s age ((k)(2)).

Can a severely disabled child get support if the parents divorce late?

If the child was disabled before 18 and remains severely disabled when the final divorce or separation decree is entered, the court may order support regardless of the child’s age (36-5-101(k)(2)).

Which numbers does the court use?

In doing so the court may use the child support guidelines ((k)(3)). Bring medical records, benefit awards and cost information.

Can a child who is a college student receive the money directly?

The sections we read do not provide for direct payment to an adult child; if your agreement or order provides for it, ask the clerk or department how to redirect payments.

Who enforces a college agreement?

The court that made the decree, which can enforce it by contempt and, if the agreement is part of the support order, treat missed payments as judgments (1240-02-04-.05(8)). Ask the court to incorporate the agreement.

How should a college agreement be written?

• Which costs are covered: tuition, housing, books or a cap.
• Each parent’s share and when payments are due.
• Grade or enrollment conditions and what happens if the child leaves school.
• An end date or maximum number of years.
• Incorporation in the decree so the court can enforce it.

Can a disabled child’s parent get support set under the guidelines?

Yes. In doing so the court may use the child support guidelines (36-5-101(k)(3)), including the worksheet, so bring income records for both parents.

What age cap applies if the child is not severely disabled?

Twenty-one, for a handicapped or disabled child (36-5-101(k)(1)). Ask for a review before the 21st birthday if the child’s condition changes.

What are the age limits for a given birth date?

What about unpaid support from before?

It stays owed: see whether Tennessee arrears expire or can be forgiven and the Tennessee child support end date calculator.

Frequently asked questions

Official sources

• Tenn. Code 36-5-101: termination, disabled children, arrears
• Tenn. Comp. R. & Regs. 1240-02-04: definition of child
• 42 U.S.C. 652(k): denial of passports
• 15 U.S.C. 1673: restriction on garnishment

This is general information, not legal advice. It is based on the cited Tennessee statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Tennessee attorney.