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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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I receive child support for my 17 year old son, who is a Junior

Customer Question

I receive child support for my 17 year old son, who is a Junior in High School. He will be 18 on April 22, 2011, but will not graduate from High School until after he is 19. His father and I, when we were married, jointly decided to wait a year before entering him into Jr. Kindergarten, which is the reason for this delayed graduation. He has not failed a grade and is on the same schedule for graduation that he was on at the time of our divorce.

Under the Fla Statutes, I see that child support would be continued if he is still in high school after age 18, IF he is expected to graduate before he is 19. However, he will not graduate until about one month after his 19th birthday. How would I go about getting a rulng on this as his father is expecting to end child support on his 18th birthday along with the percentages of payments required on health and school costs per our divorce agreement.

Thank you so very much for your help.
Submitted: 3 years ago.
Category: Family Law
Expert:  lwpat replied 3 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

My understanding is that this changed effective this year and now child support stops at 18.

https://www.myfloridacounty.com/child_support/faq.html
Customer: replied 3 years ago.

When I follow the link no page is found. Further, if the ruling was changed this year, would it be applicable to my agreement which was about 10 years ago? I really would like to hear from a lawyer in this field in Fla. as to make the information useful, I will also need to know how to proceed based on the answer.

Expert:  lwpat replied 3 years ago.
I will opt out.
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert opted out.
Expert:  Daniel Solutions replied 3 years ago.
Hello,
Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.

Im sorry you did not receive your answer earlier but let me help you with that problem.

Normally the child support would terminate upon the age of 18 but since your child will still be in High School that support would be extended until the child turns 19. I understand he will still be in high school past his 19th birthday but that is the extent to which you can receive child support in Florida unless you and the father have come to some other mutual agreement regarding a longer payment in writing. Agreement to delay entry into school is not the same as agreeing to pay support past the 19th birthday but again it would force payment until the 19th birthday.
If the father does stop paying on the 18th birthday then you would have to file a child support petition to enforce the additional year of support but as I stated above you would only be entitled to that additional year until he turns 19 as per Florida law.
Customer: replied 3 years ago.

Thank you - this does answer my question fully with the exception of giving my something that I can send to the father as proof of this. Is there a link or something that you can give me so that I can send it to the father?

 

Thank you so very much for your help. Upon your reply I will 'accept answer.'

 

 

Expert:  Daniel Solutions replied 3 years ago.

You will find the relevant section of the code in Section 743.07 (2).


Florida Section 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.

History.—ss. 2, 3, ch. 73-21; s. 5, ch. 80-74; s. 22, ch. 88-176; s. 8, ch. 91-246; s. 84, ch. 99-3.


Customer: replied 3 years ago.

I did find these statues online, but was confused with the part that says: 'with a resonable expectation of graduation before the age of 19.' As said, my son won't graduate until about one month after his 19th birthday.

 

 

Expert:  Daniel Solutions replied 3 years ago.
I understand that he will not graduate before 19 but that is why the support terminates at 19 and does not go until he actually granduates from school. Lets say he graduates at age 19 years and 6 months, then you dont get the additional 6 months as it would terminate when he's 19 and not upon graduation from high school
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 6 other Family Law Specialists are ready to help you

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