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Can Child Support Extend After the Age of 18?

There are certain circumstances where Orlando child support can extend after the age of 18. These circumstances are as follows:

1. If the person is a dependent in fact, is between 18 and 19 years of age, and is still in high school with a reasonable expectation of graduation before the age of 19. You need to make sure to include that language in all martial settlement agreements, mediated agreements and final judgments of dissolution of marriage. For example, this would apply to a child that turns 19 in January but does not graduate high school until May.
2. If the person is a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to person reaching majority.

There are 2 Florida statutes that deal with this issue. They are FS 61.13 and FS 743.07.

FS 61.13(1)(a)1a. For child support to terminate on child’s 18th birthday unless the court found or previously found that FS 743.07(2) applies, or is otherwise agreed to by the parties;

FS 743.07. Rights, privileges, and obligations of person 18 years of age or older.

FS 743.07(1) The disability of nonage is hereby removed for all persons in this state who are 18 years of age or older, and they shall have all rights, privileges, and obligations of all persons, 21 years of age or older except as otherwise excluded by the State Constitution immediately preceding the effective date of the section and except as otherwise provided in the Beverage Law.

FS743.07(2) This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with reasonable expectation of graduation before the age of 19.

If you are having problems with the above mentioned issue, you may want to contact an attorney to help you on Orlando child support. You may contact Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, P. A. for an initial consultation at 407-732-7620.

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