Child Support When 18 & 19 If Still In School

by Mark from Jacksonville, Florida, Duval County


My son turned 18 in August and he's a junior in high school.

The Florida depository stopped the support when he turned 18, satisfying the order.

The court order is 18 years or 19 if still in school and expected to graduate. He won't graduate until after he turns nineteen.

Can I take a letterhead from his school showing he's still in school to restart support or do I have to fill out ALL the forms to modify to get support again.

He lives with me and my parental support didn't stop just because he turned 18, why should hers stop?

Answer to Florida Child Support Question

Dear Mark,

Your child support should have continued. Florida made a huge mess of things when they changed the child support laws a few years ago.

Those laws changed back as of January 2011.

Up until about 2006 the age of majority was age 18, unless something different was specifically added into the court order.

Then the law changed so that the child support obligation continued until age 19 if the child was still in high school.

However, that law, as I stated, changed back again so that the age of majority is 18, cut and dried, unless something else is specifically added into the child support order. As I see it, you should have continued to receive child support after your son turned 18 in August.

It is not clear whether people will have to modify their support orders to comply with the law change. The courts have not been clear on this.

And believe me, Mark, I feel your pain as far as paying support past 18. My son, in his early twenties, is just now becoming reasonably self sufficient. His dad provides zero assistance.

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Comments for Child Support When 18 & 19 If Still In School

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Child May Not Graduate
by: Matt from Florida

My son is supposed to graduate in June, then turn 18 in September. If he fails to graduate with his class and has to attend high school beyond his eighteenth birthday, what is my obligation?

--As long as he is attending school and there is a "reasonable expectation" that he will still graduate before age 19, then it is likely you are still obligated to pay child support. See §743.07(2)...

...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.

--Staff

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