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.

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.

Legal Match LogoIf 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

You Are Here → › Child Support After Age 18

Comments for Child Support After Age 18

Click here to add your own comments

This law is not right
by: Anonymous

I believe if the child is living at home and is going to school and the parent is still financially responsible for the child, the other parent should still have to share in the cost. Because the parent the child lives with still has to pay and take care of their needs. Not that I'm complaining about taking care of my daughter. It would just be nice to still get help instead of having to get a second job.

--Agreed. Although a child is legally emancipated at age 18, many families continue to support their children until they graduate college, not high school. Until the law is changed, it is up to caring and responsible parents to do what is right. --Staff

Full time college students
by: Anonymous

This law has to change, if someone has a child who is a full time college student and still dependent on a parent it is only fair that the child continues to receive child support. Unfortunately their are some parents out there that clean their hands with a child after the age of eighteen and do not care if they are a full time college student. It's sad but it's true, sometimes parents have be forced to provide for their child. **** This has to change ****

Post child support modification
by: Anonymous

I agree the law should change ... I couldn't locate my ex till my daughter was 14 yrs old and Florida law only goes back two years and even with proof I was looking for him along with the state of floors a for child support, he got away with not paying child support all those years... Even with proof!

Now that she is almost off to college I am paying for and he again gets away with it, but in Texas he paid for his other children to go to school... Way to go Florida another fail.

Click here to add your own comments

Return to Child Support Questions.