florida child support -lawyer guidelines when child turns 18

by Willis Kirlin 5 min read

Fla. Stat. § 61.13 states that the child support obligation is terminated when a child turns 18. This is true in most cases. However, the payor may be required to continue paying child support if the child has not graduated high school before turning 18. In that case, child support may continue until the child’s graduation.

According to Florida statute 61.13, child support payments typically end once the child reaches the age of 18. However, child support may extend until the child graduates high school, and can continue forever if the child in question has special needs.

Full Answer

What are the guidelines for child support in Florida?

The Guidelines outline the amount of support to be paid for each specific case. The amount of support is based primarily on the parents’ income, custody rights, and the number of children involved. In most instances, the court will strictly enforce the Florida Child Support Guidelines.

What age does child support stop in Florida?

In Florida, as in most states, the courts and the legislature have recognized that a parent’s legal obligation to support his or her children ordinarily ceases at the age of majority (18). However, Florida statutes have carved out two exceptions to this general rule.

What happens to child support when a child turns 18?

If the child reaches the age of 18, and child support has ended without such a modification, the case to continue child support cannot be reopened. The issue may come down to whether the child’s physical or mental incapacity is severe enough to result in “dependency.”

Can parents waive child support obligations in Florida?

Under Florida child support law, parents are not able to waive child support obligations. See Finn v. Finn. Parents of a minor child have a legal and moral duty to support and maintain their child.

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Does child support automatically stop at 18 in Florida?

The Florida statutes contain a provision that extends child support until your child reaches the age of 19. If your child has not graduated high school by his or her 18th birthday, child support will not end at 18, but instead will continue until graduation.

Do you still have to pay child support if the child goes to college in Florida?

In Florida, parents are not required to pay for the cost of their children's college education. A judge cannot require a parent to pay child support past the end of the school year that the child turns 18 years old.

How do I extend my child support after 18 in Florida?

If your particular situation does not allow you to simply stop paying child support when your child reaches the age of 18, you must file a Supplemental Petition to Modify or Terminate Child Support in the same court your original child support order was entered, using your original case number.

What is the child age that determines when the stop of child support in Florida?

18th birthdayThe Florida statute that governs child support states that, unless the parties agree otherwise, monthly support payments will end on the child's 18th birthday. If there is more than one child involved, the amount of monthly child support will reduce proportionally as each child turns 18.

Does child support end when child graduates high school in Florida?

The maximum age a child can receive child support in Florida is 19 years old. If a child graduates from high school after they turn 18, but before they reach 19 years of age, child support will end on their day of graduation.

How do I stop child support payments in Florida?

Terminating any child support agreement: The support agreement will be void when the child turns 18 unless there are special circumstances. It is also automatically terminated if one parent dies. The court could also terminate the agreement if you lose your job or if you go to prison.

Do I have to pay child support after age 18?

There is a common misconception that a parent can only claim child maintenance up until a child is 18 years old. However, there are two ways in which a parent can claim maintenance payments for a child over 18 years old, either via the court (seeking a court order for periodical payments) or via the CMS.

Do you have to pay child support if they go to university?

If a child is at university they do not qualify for maintenance through the Child Maintenance Service and as a general rule the court will not make an order to support them.

At what age is a child an adult in Florida?

18 years of ageThe age of majority (legal adulthood) in Florida is 18 years of age in most circumstances. The legal drinking age in Florida is 21 years of age. not need parental approval.

How long do you have to pay child support?

Contacting the Child Maintenance Service You're normally expected to pay child maintenance until your child is 16, or until they're 20 if they're in school or college full-time studying for: A-levels. Highers, or. equivalent.

What age does child support end?

Both parents have a duty to financially maintain their dependent children up to the age of 18, or up to age 23 if the child is in full-time education, or would be in full-time education if maintenance were being paid.

What are child support laws in Florida?

In Florida, Child support is a legal duty paid by both parents, not just the fathers. Child support is commonly enforced until the child turns 18 years of age. But, if the child hasn't graduated high school or has a disability, the parents may choose to continue child support payments.