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Can Child Support Be Extended Past A Child’s Eighteenth Birthday in the Orlando, Florida Area?

Effective October 1, 2010, all child support orders and income deductions orders must provide for child support to terminate on a child’s 18th birthday unless the court finds or previously found that Florida Statue 743.07(2) applies or is otherwise agreed to by the parties.

Florida Statute 743.07(2) provides that child support may be extended beyond the child’s 18th Birthday in two instances: (1) when a child’s dependency is because of a mental or physical incapacity which began prior to such person turning 18; (2) if a person is dependent in fact, is between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduating before age 19.

All child support orders must provide for a specific month, day and year that the reduction or termination of child support becomes effective.

For orders entered before October 1, 2010, the automatic termination of child support upon the emancipation of one or more of the children hinges on whether the child support order I is unallocated between the children, or a specific amount allocated to each child. The language of the agreement or judgment must be carefully examined in this regard. If the child support is found to be unallocated between the children, it does not terminate by operation of law when an older child attains the age of majority or otherwise emancipated.

However, if the award is allocated between the children, termination of child support is automatic upon emancipation.

Where the Marital Settlement Agreement established unallocated lump sum to be paid to former wife as child support for the parties’ four children, with no step-down upon emancipation of any of the four children. Former husband was required to file a petition for modification of child support for any reduction in his support obligation.

Where a child support provision for payment of child support fails to allocate the amount of child support attributable to each child, the trial court cannot thereafter retroactively terminate child support before the date the petitioner requests relief. The reason is that the child support orders a lump-sum for all the children.

In Brown v Brown, 714 So. 475 (Fla. 5th DCA 1998), where the adult child was 26 years old when the mother sought to modify the underlying child support order. The court held that both parents have a duty of support for the incapacitated adult child, and the child would have to bring her own action.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only; and it does not form an attorney-client privilege.