Confusing Child Support Law
by Todd from Florida
Confusing Child Support Law: My son was held back a grade and he will not graduate until AFTER he turns 19. He will turn 18 when he's a junior in HS (his birthday is in April). So, he will turn 19 in April and graduate in June. Florida law is a bit unclear to me on this matter.
Will I owe child support until he's 19, or until he graduates, or because he won't graduate until AFTER his 19th birthday, will I owe until his 18th birthday? The way the law as worded is: child support terminates when child is 18 or 19 if child is still in high school with a reasonable expectation of graduation BEFORE 19.
Answer to Florida Child Support Question
Dear Todd,
Yes, I know sometimes we have to wonder who is writing these laws!
That law is changing as of January 2011, back to 18 is the age of majority.
For several years, beginning around 2002, the child support/ divorce orders were written like yours – age 18 or 19 if the child is still in high school.
My suggestion is that you might want to petition the court to terminate child support at age 18; given that the law is changing anyway. It is unclear to me whether modifications will be granted based on this, but it only seems fair.
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