When Can I Stop Paying Child Support?

Most parents who divorce or separate realize that one of them will likely be ordered to pay some amount of child support so long as the child is a minor. This is true regardless of whether the residential parent and the child continue to live in Florida following the divorce or separation. Failing to pay child support can result in the court and/or the State of Florida taking various measures to coerce you into paying what has been ordered by the court.

Over the course of a child’s life, there are several events that can occur. Any of these events can result in a child support order being either terminated or extended.

• When the Child Turns 18: In most cases, a child support order will terminate when the child turns 18 years old. If a parent is paying support for multiple children, the total child support amount owed is normally recalculated as each child turns 18. If a child is still in high school but is not in a position to graduate by the time he or she turns 19 years old, then child support will terminate on the child’s 18^th birthday as well.
• When the Child Graduates High School: Some children may not have started school with other children their age or were held back for a year. If a child is making satisfactory progress toward graduating high school but has not graduated by the time he or she has turned 18, child support will continue until the child does in fact graduate high school (however, if it becomes apparent that the child will not graduate high school before turning 19 years old, the child support obligation may terminate before graduation).
• When the Child has Special or Specific Needs: Where a child has been diagnosed with having medical or other special needs that render the child dependent on the assistance of others, child support may be extended indefinitely. For example, the parent of a child who is unable to work due to physical or mental disabilities and cannot care for him- or herself may be required to pay child support for the rest of the child’s life.

Do I Need an Attorney to Stop My Child Support Payment?

Stopping child support payments is a risky move, even if the child has turned 18 or graduated high school. Failure to notify the proper agencies through the proper channels can result in you being accused of not paying child support. It is therefore advisable to hire an experienced child support attorney to help you with this process.

The family lawyers at All Family Law Group, P.A. are here to help you with all your child support-related questions and concerns. During your free consultation, we can review the facts of your situation and advise you as to whether your child support obligation is eligible for termination. If so, we will help you prepare, file, and argue for a termination of your child support obligation. Contact the Tampa divorce lawyers at our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Obtaining Past Due Child Support in Florida After Children Become Adults

With regard to child support in the state of Florida, the general rule is that child support terminates when a child reaches 18 years of age.  However, the general rule does not apply when child support is still owed for any time prior to the child’s reaching adult legal status. Under these circumstances, the custodial parent generally retains the right to collect on the overdue balance owed.  In terms of procedure, to collect any outstanding child support payments, the custodial parent must obtain a court order.  Even if the debtor parent is not currently able to make the payments, a court order preserves the right of the non-debtor parent to make a claim on future money earned for back child support.  To ensure that a court order is properly obtained, custodial parents in Florida would benefit from retaining the services of an experienced Tampa Bay child support attorney.  

Florida Also Provides an Exception in Instances When a Child Of Legal Age Has Not Yet Graduated From High School

In addition to the exception concerning past due child support, Florida’s child support statute also contains a provision that extends child support until a child graduates from high school, if there is a reasonable expectation of graduating before his or her 19th birthday.  If no reasonable expectation then child support will terminate upon reaching his or her 18th birthday.

Florida Provides an Additional Exception for Children with Special Needs

Florida provides another exception for the custodial parent of a child with special needs.  If your child has special needs, and is incapable of ever becoming a self-supporting adult, then Florida will not terminate child support.  Under these conditions, the child support will be ordered to last for the life of the child.  Still, even under these circumstances, it is imperative that you follow the requisite legal procedures.  The child’s special needs status must be formally recognized via court order, whether through a first-time order or a later modification.  One last point on this issue is absolutely critical to understand: if you have not obtained a formal court order, even if your child has special needs, and the child reaches age 18 (thereby ending child support), you forfeit the right to reopen the case to continue child support.   

What to do If You Are Owed Past Due Child Support for a Child That Has Reached Adult Legal Status

Is your former spouse refusing to pay child support on the basis that your child is now of legal age?  Know your rights; just because your child has reached the age of 18, a debtor spouse can still be compelled to make good on past due child support payments.  Contact an experienced Tampa Bay child support attorney at All Family Law Group, P.A. by calling 813.902.3624 for a consultation at no charge to ensure that a court order is properly obtained. Doing so will preserve your right to collect on still owed child support in the future. 

 By Lynette Silon-Laguna Google

When Does Child Support End in Florida?

Many divorcing parents are aware of their obligation to support their children, and some are familiar with how the amount they have to pay is decided. Fewer are aware of how long their obligation to support their children continues.

Payment Lasts Until Child Reaches Majority Age

In general, a parent must pay child support until their child is 18. This is considered the age of majority, when the child is legally recognized as an adult. However, a child's eighteenth birthday isn't always the cutoff date for support payments. According to Florida law, a parent's duty to continue paying child support may be extended when the child has not finished high school by their eighteenth birthday; when the child has special needs; and when there is an agreement that says otherwise.

First, parents of children who have not finished high school by their eighteenth birthday are obligated to support their children until the children complete their education. This doesn't mean that a child can stay in high school forever. Support will only continue if the child is still enrolled in school, has a reasonable expectation of finishing their education, and expects to graduate before their nineteenth birthday. Showing a "reasonable expectation" is often the key to qualifying for this exception. The child would most likely have to show that they are and have been enrolled in a school, that they have been regularly attending, and that they will meet the requirements for graduation. Under this statute a child who dropped out of high school at 17, or who is several years away from graduating, would not qualify for continued support. In contrast, a child who turned 18 several months before their graduation would be entitled to receive support until their graduation.

Second, child support may continue indefinitely if the child is mentally or physically disabled. In determining the length of time that support will continue, the courts will generally look at whether the child will ever be able to earn enough money to support themselves or whether their disability will prevent them from providing for themselves. It does not matter whether the child was born with their disability or whether they became afflicted with it at a later age. For the support to continue, all that matters is that the disability began before the child reached the age of majority, and that the disability will prevent the child from being financially self-sufficient.

Third, though parents have no legal obligation to continue supporting their children after the aforementioned circumstances, the courts will enforce voluntarily entered agreements that extend the period of support. Parents are prevented from contractually decreasing their child's right to support (because the right to be supported belongs to the child, and not to either parent), but there is no legal stipulation against providing more support than one is asked to. Thus, parents who decide to create a binding agreement to help their child beyond what is required will generally be held to the terms of that agreement.

Talk to a Tampa Bay Family Law Attorney

           

Whether you're contemplating a divorce or a paternity action, are in the middle of the process, or already have an order in place, a Tampa family law attorney can help answer your questions about child support. Contact our Experienced  Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com.

By Lynette Silon-Laguna Google