When Can an Adult Child Continue Receiving Support in Florida?
Many folks believe that once a child turns 18 years old, the requirement to pay child support automatically ends. In most cases, this is true; however, there are numerous exceptions under Florida law. It all depends on the situation that the child might be in. They may need financial support from one or both parents even after becoming an adult.
It is useful for parents to understand the exceptions and how they work under Florida law.
The general rule for child support
In most Florida cases, child support ends when the child reaches the age of 18. In situations where the child is still in school and expects to graduate before their 19th birthday, child support can continue until the child graduates or they turn 19, whichever comes first.
Do not assume that the child support has ended automatically. It stays in effect until the time period expires.
Support for adult children with disabilities
Another notable exception is when the child suffers from some form of mental or physical disability. In the State of Florida, it can be necessary for parents to pay for their child’s support if they suffer from any kind of disability that started before they became adults and makes the child unable to support themselves.
This can include mental illness, intellectual disability, or any other disease that limits a person’s ability to work and survive on their own. Elements that the court might consider include:
- The type and seriousness of the disability.
- Financial needs of the child.
- Financial capabilities of the parents.
- Availability of governmental aid or any other aid.
- Possibility of earning money in the future.
It is important to understand that every case is unique.
Modifying existing support orders
Sometimes, parents think that all they need to do is stop paying any more money when their child turns 18. This can be problematic, as you might end up owing arrears to your former partner.
If the child is eligible for support due to a disability, it is important that the parent seeking support does something about it before the support order expires.
In most cases, a court order is required to modify child support payments.
Planning for the future
A family dealing with adult children with disabilities is likely to experience problems with financial planning. Apart from child support, the parent has to plan for a special needs trust, guardianship or its equivalent, and government support.
Planning for all the above aspects will protect the child’s eligibility for important governmental programs.
An experienced St. Petersburg Family Lawyer Can Help
Child support beyond the age of 18 can become more complex than you’d think. If your child is graduating from high school, is disabled and eligible, or there have been changes in your family circumstances, it’s important to know your rights and obligations.
The St. Petersburg child custody lawyers at the Law Office of Kevin F. Coleman can help you navigate these issues as a parent of a disabled child. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
