Child Support Obligation

by Nitza from Boca Raton, Florida, Palm Beach County

Child Support Obligation: My sons are turning 18 and graduating from high school. Their father has asked me to call the court to initiate the cancellation of his garnished child support payments.

My sons will be going to college this fall. Does he has any obligations?

What happens if I do not stop the garnishment? Am I in contempt?

Answer to Florida Child Support Question

Dear Nitza,

You might not technically be in contempt of court, but you also may not be following the law.

If the Final Order of Dissolution, or Child Support Order states that your son's father's obligation to pay child support ends at age 18 – then that is when his obligation ends.

Some child support orders state that the obligor must continue to pay child support beyond the age of majority, such as until the child graduates from college.

However, if this is not specifically stated in the Final Judgment, then the father has no continuing legal obligation to support them. They are considered adults (emancipated) at age 18 or until they graduate high school if 19.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Child Support Obligation

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Back Child Support
by: Anonymous

Hello, my question is that the non custodian parent is behind in child support of about 48,000.00. I am getting child support now, but my son is 17 will the child support continue after 17-18 years of age being he is behind that amount?

--Child Support arrears are not dependent on the age of the child. The arrears will continue to be paid until it is paid in full. The ongoing child support payments will continue until the child is 18 or 19 and still in school. --Staff

Back Child Support
by: Anonymous

My husband has been paying child support he owes back child support he was paying 360.00 a month till his son became 18 and then he was ordered to pay 80.00 a month for back child support. His son just turned 19 and is emancipated.

They have gone back up on the child support to 360.00 but it states on the letter that he is to pay the amount before his son became 19 is it the 80.00 a month or is it the 360.00 a month. Very confusing. please help.

--Check the support order again. It could be that the additional $80 for payment of arrears was in force while the court ordered child support was being paid. Now that the monthly support has ended, the arrears are to be paid at the full amount. --Staff

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