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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