Child Support After Age 18

by Noel from Fort Lauderdale, Florida, Broward County


Does my ex husband have to pay child support if, my son is 18 living at home with me and is a full time college student?




Answer to Florida Child Support Question

Dear Noel,

We wish it could be so.

But, unfortunately, in your situation, the answer is probably not.

The age of majority in Florida is 18; and your son has aged out of child support unless you have a court order stating otherwise.

Here is the Florida Statute under Chapter 743:

§ 743.07 - Rights, privileges, and obligations of persons 18 years of age or older.—

(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 enjoy and suffer the 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 this section and except as otherwise provided in the Beverage Law.

(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 a 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 a reasonable expectation of graduation before the age of 19.

(3) This section shall operate prospectively and not retrospectively, and shall not affect the rights and obligations existing prior to July 1, 1973.


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Comments for Child Support After Age 18

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This law is not right
by: Anonymous

I believe if the child is living at home and is going to school and the parent is still financially responsible for the child, the other parent should still have to share in the cost. Because the parent the child lives with still has to pay and take care of their needs. Not that I'm complaining about taking care of my daughter. It would just be nice to still get help instead of having to get a second job.

--Agreed. Although a child is legally emancipated at age 18, many families continue to support their children until they graduate college, not high school. Until the law is changed, it is up to caring and responsible parents to do what is right. --Staff

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