Termination of Child Support in Florida
by Kevin from Union County, Florida
My daughter will turn 18 Dec. 2010, she will also have all her high school credits at this time. She will not however receive her diploma until May 2011 as she wants to walk with her class. When should my child support stop?
She has only lived with my ex-wife for approximately 2 months out of the last year, she has been living with her older sister.
She also has a child who will turn 2 the week before her birthday. There is nothing in the divorce papers (we have been divorced since 1995) that state when child support is to stop. What do I do?
Answer to Florida Child Support Question
Your child support should stop when your daughter turns 18 this December.
The law that states that child support should continue until the child is 19 if that child is still in high school has been changed, and will go into effect as of January 2011.
You may need to take action in order to have your child support stopped, particularly if your wages are being garnished.
You can ask for a Child Support Review below:Child Support Enforcement, Request for Support Order Review
In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). The following is from the clerk of court's website at www.myfloridacounty.com :
What age do my children have to be before I can stop paying child support?
Child support generally stops at
the age of majority, which in the State of Florida is 18. However, other states in the nation have varying ages.
When a case is transferred to Florida from another state, the state that has continuing exclusive jurisdiction will determine the age of emancipation. It is suggested to read your order carefully.
If your Court Order states otherwise, it supersedes the age of emancipation (or majority).
For example: the Court Order directs support until the child graduates from college; therefore, support will continue after the child has reached the age of majority.
What is the age of majority?
My child(ren) have emancipated (reached the age of majority), I should no longer have to pay child support.
What can I do to terminate support?
The Clerk should adjust the record pursuant to the Court Order. The record would be researched to confirm the date of birth or any other information to confirm emancipation.
If the information is not contained in the court file the parties must supply the information or the documentation needed for the adjustment to be made.
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.
If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.Free Family Lawyer Referral
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