A Texas homeschool family nearly lost an important source of income earlier this year even though their 18-year-old daughter is still attending high school. Home School Legal Defense Association was able to step in and help.
The state agency that collects and distributes child support argued that the teen no longer qualified for payments because she had reached the age at which most students graduate. And an attorney for the girl’s father claimed she was no longer a dependent minor because she was actually in college..
HSLDA demonstrated that both these objections misconstrued Texas law, and the family was approved to continue receiving child support payments until the daughter’s anticipated graduation in May 2025.
Enforcing the Law
The teen’s mom said the outcome came as a huge relief. The extra income should help her daughter pay for textbooks and tuition as she takes college courses through the state’s dual enrollment program.
“This was just another example of our organization fighting for homeschool families to receive equal treatment under the law,” explained HSLDA Senior Counsel Darren Jones. “For students attending public and private school, officials rarely question whether these individuals should keep receiving child support and other sorts of payments past age 18,” he added.
In the case of the Texas teen, state officials insisted that she offer proof she was enrolled in an accredited high school program. Jones pointed out that, in Texas, homeschools operate as a type of private school and are not required to be accredited. Consequently, no such proof was needed.
Jones also responded to the attorney representing the teen’s father, who argued that because the girl was taking community college courses she could not also be in high school.
Jones pointed out that, like similar programs in many other states, the Texas dual enrollment system lets students count the college courses they are taking toward an associate’s or bachelor’s degree—and high school credit. He even provided the attorney a copy of the Texas code that details dual enrollment.
Standing Up For Families
“This is definitely a niche aspect of the law,” Jones observed. “But it’s an area that HSLDA works in with some frequency, as it deals with homeschool families being unfairly denied resources that can affect how they educate their children.”
HSLDA Director of Litigation Peter Kamakawiwoole agreed. He said HSLDA is typically working 50 to 60 cases involving homeschool families whose students were cut off from Social Security or veteran benefits when they turned 18—even though they were still in high school.
Kamakawiwoole added that, though HSLDA does not take part in divorce or child custody disputes, our mission as advocates for homeschool freedom occasionally involves us in child support cases like this one when they deal directly with home education.
Looking to the Future
The teen’s mom said she is grateful her daughter will continue to have access to child support until she completes high school under an educational method that has worked so well for her.
“Our daughter is a very outside-the-box kind of learner,” the mom said, explaining why the teen’s early experience in public school failed to help her thrive. “She needed more freedom to pursue learning in her own way.”
Homeschooling inspired the teen to develop as a reader and pursue a wide range of skills.
“She taught herself to knit and crochet, to paint, to bake and decorate cakes, to play the ukelele, ocarina, and sing,” her mom recounted. The teen has also delved deeply into subjects of special interest, such as personal finance, business management, and World War II history—particularly the Holocaust.
After graduation she hopes to build on her experience as a part-time manager to earn a general management position. Her goal is to someday own her own business.
Written by:
Dave Dentel
Newsletter Editor/Staff Writer
Dave Dentel writes and edits content for HSLDA’s website. He especially enjoys getting to interview bright, articulate homeschooled students.
