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In most cases, child support in Florida terminates when a child turns 18. However, there are some circumstances where a custodial parent may collect support after the child’s 18th birthday. We discuss these below.
Exceptions For Past Due Child Support
Non-custodial parents are responsible for their previous child support obligations even after the child becomes a legal adult. You can collect past-due child support by filing a motion and obtaining a court order demanding payment.
This often occurs in situations where a non-custodial parent is unable to pay for a period of time. Florida protects the right of custodial parents to pursue a claim against the future earnings of a non-custodial parent who is financially unable to meet their child support obligations.
Exceptions For Children Who Haven’t Finished Their Primary Education
Florida law has an exception for children who have not yet graduated high school, even if they have already turned 18. However, the child must reasonably be expected to graduate or complete their education before they turn 19 to qualify. It will automatically terminate when the child turns 18 if it can be demonstrated that the child is not likely to graduate before their 19th birthday.
Exceptions For Special Needs Children
The state of Florida also makes exceptions for handicapped or special needs children who are not expected to be able to provide for themselves financially at any point during their lifetime. In cases like these, family courts are more likely to order lifetime support, which will be paid to the child’s primary caregiver. It’s important to note, however, that you must file your request for a lifetime or ongoing child support before the child turns 18. Ongoing support will not be awarded to custodial parents of disabled children if they file for support after the child has already reached 18.
When to Call a Florida Lawyer
If you believe you are owed child support but your child has already turned 18, you may still be eligible to collect. If your child is disabled, is still completing their primary education, or you have not been paid in full, it’s important to contact an experienced Florida child support and divorce lawyer.
Kevyn Noonan Hayes, P.A. is a veteran Naples family lawyer who can help advocate for you to receive the total amount of child support you are owed. Call today to book your consultation at 239-591-6248.