When Does My Florida Child Support Obligation End?

If a Florida couple has children, at least one parent will generally be required to pay child support if the couple divorces. Generally, child support obligations end when the minor child reaches their 18th birthday, but it is important for both parents to be aware that there are exceptions to that rule. If you have questions about your child support obligation, it may be a good idea to consult with an attorney to get some answers.

The Right Cannot Be Waived

In Florida, many marital rights can be signed away or waived by the spouses – for example, the spouses can mutually agree to not request spousal support from the other in a prenuptial agreement. Perhaps the most notable exception to that rule is the right of a child to support. That right belongs to the child or children of the marriage, rather than to either parent – and as such, the parents have no legal right to sign it away. If a court obligates a parent to pay support, they must do so, even if neither parent wants it.

It is possible to adjust your support obligation over time, if you are able to show a significant change in your circumstances, such as loss of a job or a pay cut. However, it is not possible to simply end your obligation unless you have previously agreed with your ex-spouse on the date that it will terminate. Florida law requires that each child support order specify exactly when the requirement will end, but if no specific date is given, the child’s 18th birthday will be the last date when support is required.

Certain Exceptions

If there have been no other provisions, most child support orders will end on a child’s 18th birthday, but there are two major exceptional situations in which support may be extended, depending on the specific facts of your case. The first is when a child has not yet completed high school, but has reached their 18th birthday; in this case, courts will generally require support to continue until graduation, though not beyond a child’s 19th birthday.

The second situation is when a child is disabled – this is usually considered on a case-by-case basis. Some children may be able to live independently despite having a disability – for example, some autistic people are capable of this – but others may require additional support. The court will determine several different factors before determining that support must continue, but it requires a knowledgeable attorney to ensure that your child’s interests are considered while protecting your rights.

Contact A Hollywood, FL Child Support Attorney

Child support is intended to ensure that the children of divorce are still able to experience a comparable standard of living after all is said and done. If you have questions about your obligations in this situation, a Hollywood, FL child support attorney from the Law Offices of Steven A. Mason, P.A. may be able to assist you. Call our office today at (954) 963-5900 to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html