What Is Florida Law on Child Support After Age 18?

Florida is a complicated state when it comes to child support, thanks largely to new legislation introduced in 2010. The rules for continued support obligations beyond a child’s 18th birthday are particularly complex, so if your child is nearing this age, you might consider consulting a local lawyer or legal aid office to find out where you stand.

Changes in 2010

Florida passed a new child support law in October 2010 that requires all judges to include termination dates in their child support orders and divorce decrees. Most child support obligations in the state are paid through income withholding orders – your employer is served with notice that he must deduct the amount of child support from your pay and send it to the state. These orders are supposed to include the cutoff date. The language in the order can be as simple as support ends on your child’s 18th birthday – Florida’s age of majority. It might also state that support is to be extended beyond age 18 if your child is still in high school on his 18th birthday but expects to graduate before age 19. In this case, support ends on the graduation date. Before 2010, parents had to take extra legal steps to terminate child support orders when these events occurred. The new rule was designed to allow support orders to end automatically on the appropriate date, thus avoiding additional court procedures.

Multiple Children

Under the 2010 law, if more than one child is covered by your support obligation, the decree or court order should include provisions for automatically reducing your support obligation as each child becomes emancipated. Your income withholding order should reflect the same adjustments if you’re making payments through the state.

Support Past Age 18 or Graduation

Florida doesn’t have a specific law or rule that says you must pay child support while your child is in college. The court can only enforce an agreement you’ve made to this effect with your ex if it’s incorporated into your divorce decree or a support order. But, like most states, Florida makes exceptions for support of disabled and special needs children. In this case, child support will last for her lifetime or until she recovers to the extent that she can support herself. The law says the child must be dependent on you and her other parent for support, but doesn’t clearly define what dependent means. If you find yourself in this situation, speak with a local lawyer.

Florida doesn’t have a specific law or rule that says you must pay child support while your child is in college. The court can only enforce an agreement you’ve made to this effect with your ex if it’s incorporated into your divorce decree or a support order. But, like most states, Florida makes exceptions for support of disabled and special needs children. In this case, child support will last for her lifetime or until she recovers to the extent that she can support herself. The law says the child must be dependent on you and her other parent for support, but doesn’t clearly define what dependent means. If you find yourself in this situation, speak with a local lawyer.


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