Termination of Child Support in Florida

by Kevin from Union County, Florida

My daughter will turn 18 December, she will also have all her high school credits at this time. She will not however receive her diploma until May 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

Dear Kevin,

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 :

Stopping Payment

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.

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 Termination of Child Support in Florida

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How Do I Stop Child Support Payments?
by: Sheilia from Ft. Lauderdale, Florida

I receive child support payments directly from my ex-husband's employer twice a month. My son graduated 2011 and now 19. What form is required to stop child support since it was not done through FLA DOR? I cannot afford an attorney at this time.

--First try submitting a copy of the original support order to your employer. The dates and circumstances of terminating the child support should be clearly stated there. If they won't accept this, you may need to get a court order by a request to terminate (see below). --Staff

The Florida Court Forms Self Help Fully Interactive & Complete Forms Packet for Request to Terminate Child Support or Alimony. All forms are interactive and properly formatted in PDF and includes filing procedures, links to websites, important addresses & phone numbers, and much more.

The Self Help Packet includes easy to follow step by step instructions, all the required & supporting forms, filing procedures & checklists, important links and resources, easy to understand and written in plain English.

Fully Interactive & Complete Forms Packet for Request to Terminate Child Support or Alimony. All forms are interactive and properly formatted in PDF and includes resources and filing procedures.

Terminate Child Support Packet
Florida Court Forms Self Help Packet Request to Terminate Child Support or Alimony. JAN 2012 ($9.95) Buy Now

Is Terminating Child Support Obligation Possible in Florida?
by: Anonymous

My husband's son is living with his uncle in AK, but he is in foster care. My husband's ex left the kid because of rugs, and the kid is only 15 years old. He wants to stay with his uncle beacuse his other brother is with him as well.

My question is can my husband stop the child support and volunteer to give his uncle money? His ex is no longer aloud to have the kids. If there is money in the SDU I may be able to get that money?

--You have a complicated situation here. I would suggest that you talk to the local child support office in your county to see if there is anything you could do regarding the current child support. If not, your husband could try filing for a child support modification, but I would suggest that he talk to an attorney first. Use our free lawyer referral service, many lawyers offer free and low cost consultations. --Staff

Child Support Termination
by: Anonymous

When can I terminate child support in Florida given the following circumstances? The child is 17 going on 18 and has graduated high school in mid 2012. However, he does live with his mother.

--Unless it is otherwise stated in your original support order, the support should legally end when he turns 18. --Staff

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