New Law on Support for Adult Dependent Children
- August 7, 2023
- ontarget
- Guardianship
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There was a new law passed SB 226 that became effective July 1, 2023. It provides new guidance for parents who need support for adult dependent children.
The law is an act relating to 61.1255, Florida Statute. This is a partial excerpt from the statute. Senate Bill 226 and Florida Statute 61.1255 is the new law and Statute on Support for Adult Dependent Children.
The excerpt is as follows:
“for providing that civil suits to establish support for dependent adult children may be filed only in a certain court by specified individuals; specifying a timeframe during which such suits may be filed; providing an exception; specifying procedures for establishing such support; requiring such support to be paid to the dependent adult child or other specified persons; authorizing the court to irrevocably assign such support to certain trusts established for the benefit of such dependent adult child for a specified purpose; prohibiting the Department of Revenue from filing petitions to establish, modify, or enforce certain support orders; amending s. 61.13, Florida Statute; specifying that a child support order does not terminate on the child’s 18th birthday in certain circumstances; specifying that a court may modify a child support order for a minor child or child who is dependent in fact under certain circumstances; authorizing either parent to consent to mental health treatment for a child unless stated otherwise in the parenting plan.”
Florida Statute 61.255(2) lays out POWERS OF COURT.
(2)(a) Dependent adult child means unmarried adult who is incapable of self-support as a result of physical or mental incapacity that began before the person reached the age of 18.
(2)(b) A civil suit to establish support for a dependent child may only be filed in circuit court in the county in which the dependent adult child resides by one of the following:
- The dependent adult child or his or her agent under a durable power of attorney.
- A parent or other person on behalf of the dependent child.
- The dependent adult child’s guardian advocate appointed under chapter 393 or guardian appointed under chapter 744, if the dependent adult child’s right to sue or defend lawsuits has been removed by the court.
(c) A civil suit to establish support for a dependent adult child may be filed at any time after he or she reaches the age of 17 years and 6 months, unless such an order is already in place having been established during the child’s minority.
(d) If a court has jurisdiction over the parties because of an issue of child support, the parents may agree in writing to provide for dependent adult child support in the existing case if the agreement is submitted to the court for approval before the dependent adult child reaches the age of 18. Otherwise, the amount of support to be paid by one or both parents must be established in a separate support proceeding in circuit court 4.105 pursuant to paragraph (b).
(e) Support ordered after the dependent adult child reaches the age of 18 may be paid only to the dependent adult child or his or her court-appointed guardian advocate, guardian, or agent under a durable power of attorney. However, the court may irrevocably assign the support to a special needs trust or pool trust as defined in this statute.
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 does not form an attorney client privilege.