Many parents are of the belief that child support terminates immediately upon the minor child reaching age 18. However, the state of Florida does permit extensions of child support beyond the age of majority in certain circumstances.
F.S. 743.07 provides:
(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.
So what does this statute mean exactly? Simply put, if your child turns 18 and is still in his/her senior year of high school, child support can be extended until graduation (so long as they are expected to graduate prior to their 19th birthday).
Also: child support can be extended indefinitely in the event the child is mentally or physically handicapped to the point they remain “dependent” on their parents. Case law exists which essentially requires payment of child support for the life of the child. In what this writer considers an unfair twist, the Courts will not involve themselves in enforcing the custody rights to a dependent person who is over 18 years…only the child support obligation is enforceable. But if overnight timesharing is no longer enforceable, how can the guidelines for child support be calculated in accordance with F.S. 61.30?
If you believe the extension contained within F.S. 743.07 might apply to you, contact an experienced family law attorney.