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Can the Trial Court in the Orlando, Florida Area Extend Child Support for a Dependent Child Past the Child’s Eighteenth (18th) Birthday?

Can the trial court in the Orlando, Florida area extend child support for a dependent child past the child’s eighteenth (18^th) birthday? A dissolution court has jurisdiction to consider a petition to extend child support for a dependent child past his/her eighteenth (18^th) birthday when the petition was filed before the child reached majority. However, the trial court lacks jurisdiction to modify a parent’s support obligation in a divorce judgment for an adult dependent child when the petition for modification was filed after the child reached the age of majority. In that instance, an independent action must be brought to adjudicate the paying parent’s support obligation for an adult dependent child. That cause of action belongs to the adult dependent child. The adult dependent child may bring a separate case for extended child support against either parent. 

Florida Statutes 743.07(2) does not require that a child be adjudicated dependent before he/she reaches the age of majority in order for the trial court to have jurisdiction to order extended child support. Florida Statute Section 743.07(2) only requires that the dependency is because of a mental or physical incapacity which began prior to such person reaching majority. 

You must allege in the supplemental petition to extend child support  that the disability leading to dependency occurred before the child reached eighteen; and the parent filed the supplemental petition for extension of child support before the child turns eighteen years of age, then the trial court has subject matter jurisdiction to consider the petition to extend child support. However, to be safe, it is better to file the petition to extend child support several months prior to the child reaching eighteen (18) years of age, as it may take many months for you to obtain hearing time before a judge on this matter.

This also applies in paternity cases too. Child support is a right that belongs to the child. While the minor child is a minor, unable to enforce his/her own right to receive support, a parent or legal guardian may file the appropriate action to enforce such right on behalf of the minor. Generally, once a child reaches the age of majority, a parent loses standing to pursue child support. 

Florida law provides that support may be required for an adult dependent child who, because of mental or physical incapacity beginning prior to child reaching majority, is unable to support himself/herself. If the adult child satisfies the requirements of section 743.07(2) Florida Statutes, then both parents may be responsible for support. 

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. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

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