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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i just recieved a court papers for a motion to extend child

Resolved Question:

i just recieved a court papers for a motion to extend child support for a child that just turned 18. is this right , do i have to pay after 18 and it ask for all my financial , 3months of payroll stubs , financial affidavid , tax return .. it does not say i have to appear , do I?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

The age of majority in Florida is 18 pursuant to Florida Statutes § 743.07. Therefore, child support is automatically terminated at age 18 unless (1) the child has a mental or physical disability that requires continued support by the custodial parent; (2) the child is 18 and still in high school and will graduate prior to age 19; or (3) support has otherwise been ordered to continue.

Thus, the mother can seek a court order for continued support after the child reaches age 18, but she must be able to prove a need for continued payments. Thus, you would have to allege that the child is not disabled, is out of high school and doesn't have any special or extraordinary needs that would justify continued support.

I would recommend that you consult a local attorney before responding. If you don't think there's any justifiable basis to continue support, I think a local attorney may recommend that you file an objection and motion to dismiss instead of disclosing all of the requested information.
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