Child support is money to help support the care and raising of a child. In Florida, when does a child stop being a child and therefore stop needing support? What is a parent’s duty to a child as the child continues to age? What are the Florida child support laws after the age of 18?
“As a general rule, the legal duty of a parent to support his children ceases at the age of majority.” Kern v. Kern, 360 So.2d 482 – Fla: Dist. Court of Appeals, 4th Dist. 1978.
Every Florida child support order must have a termination date. The termination date is usually the child’s 18th birthday.
“All child support orders and income deductions orders entered on or after October 1, 2010, must provide:
a. For child support to terminate on a child’s 18th birthday unless the court finds or previously found that s. 743.07(2) applies, or is otherwise agreed to by the parties;” Fla. Stat. § 61.13(1)(A)(1).
Most Florida child support ends when the child turns 18. But there are two main exceptions: high school attendance and disabilities that began before age 18.
One being a child that is over the age of eighteen (18) but still attending high school.
“[A] child who is dependent in fact and between the ages of 18 and 19 and who is still in high school.” F.S. § 61.30(1)(a).
That exception is preserved in the disability-of-nonage statute F.S. §743.015 and incorporated into child-support practice.
Second, courts may require continued support for a person who dependency is caused by a mental or physical incapacity that began before the age of majority.
“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.” F.S. §743.07(2).
Age 18 is the standard date for child support to terminate in Florida. The parties can agree on a later date (usually high school graduation that a court would award anyways) or the courts can order a later termination date (but not later than age 19 unless of a medical disability).
Marital Settlement Agreements And Child Support After Age 18 In Florida
Parties can contract in their Marital Settlement Agreement to terminate child support upon the children’s 18th birthdays…. the children’s high school graduation.
“The policy of requiring parents to support their children is limited to their minority and dependency. The statute does not itself require the parent to continue to support the child after reaching majority while in the last year of high school. Rather it merely authorizes the court to do so if the statutory conditions are met.” Rose v. Rose, 8 So. 3d 1251 – Fla: Dist. Court of Appeals, 4th Dist. 2009
Most marital settlement agreements will include an automatic provision to stop child support on a date certain. Almost all marital settlement agreements will also set child support for the remaining minor children when the current child support amount automatically terminates. This process repeats in what is called a “step-down” order.
If there is no automatic child support termination date or a step-down order, it is incumbent on the child support payor to file a motion to modify child support…or the support doesn’t change.
“The general rule is that when the child support provision fails to allocate the amount of support attributable to each child, the trial court cannot retroactively terminate child support before the date the petitioner requested such relief.” Rodgers v. Reed, 931 So.2d 236—Fla: Dist. Courts of Appeals, 5th Dist.2006 (quotations and citations omitted).
In Florida, parents stop being legally responsible for extra expenses, like medical or college costs, once the child turns 18 UNLESS a court order says otherwise. This includes an adult child’s medical and college expenses.
Child Support After The Age of 18 and 19
When the original child support is for multiple children and the obligor’s support obligation as to one child ends when the oldest turns 18, “the obligor is entitled to a retroactive reduction pre-dating a modification petition, consistent with the statutory child support guidelines” Gilbert v. Cole, 107 So.3d 426, 427-28 (Fla. 1st DCA 2012)
“Children who have early-in-the-year birthdays and who will turn nineteen before a June graduation, are entitled to no support during their eighteenth year, even though they are in need, in school, and ‘on track.” Walworth v. Klauder, 615 So. 2d 219 – Fla: Dist. Court of Appeals, 5th Dist. 1993
A Florida divorce court has no wiggle room. Child support always stops at age 19 unless there is a finding that the child has a disability.
Florida law places a clear duty on parents to provide for an adult child who remains dependent. While one might assume such responsibility would be obvious and automatic, the legislature has found it necessary to explicitly require it.
In 2023, the legislature codified and clarified aspects of post-majority support for dependent adult children.
Effective July, 1 2023, SB 226 provides new guidance for parents who need support for adult dependent children.
The bill grew out of a situation involving the father of 27-year-old Down Syndrome child who refused to support her.
Who is an Adult Dependent Child?
A dependent adult is “an unmarried adult who is incapable of self-support as a result of a physical or mental incapacity that began before the person reached age 18.” F.S §61.1255(2)(a).
Filing Requirements
In order to establish support for a dependent child, the legal caretaker of a dependent child must file a petition in circuit court in the county that the dependent child resides.
“A civil suit to establish support for a dependent child may only be filed in circuit court in the county in which the dependent child resides by one of the following: (1) The dependent adult child or his or her agent under a durable power of attorney. (2) A parent or other person on behalf of the dependent adult child. (3) The dependent adult child’s guardian advocate appointed under chapter 393 or guardian appointed under chapter 744, if the dependent adult child’s right to sue or defend lawsuits has been removed by the court.” F.S. §61.1255(b)(1)-(3).
Florida law also provides a specific timeframe for initiating such actions, ensuring that parents or guardians can secure continued support before the child reaches adulthood.
“A civil suit to establish support for a dependent adult may be filed at any time after he or she reaches the age of 17 years and 6 months, unless such an order is already in place having been established during the child’s minority.” F.S. §61.1255(2)(c).
Measuring Dependent Adult Child Support
The statutory guidance how to measure the amount of dependent adult child support is set out in the statutory scheme as well.
The Florida Legislature directed that the amount of support for a dependent adult child be determined under §61.31, which gives courts standards for computing reasonable support for an adult dependent child- a different analytical exercise than the routine support guideline worksheet used for minors.
“The guidelines in this section do not apply to support for a dependent adult child as defined in s. 61.1255(2)(a). The amount of support for a dependent adult child is determined by s. 61.31.”
When courts address continued support for a dependent adult child, they take a holistic view of the child’s situation- looking at the child’s income and assets, the nature and extent of the disability-related needs, who is providing the care and ultimately paying for it, and each parent’s financial ability to contribute.
“In determine the amount of support to be paid after a dependent adult child as defined in s. 61.1255(2)(a) reaches the age of 18, the specific terms and considerations of each support, and the rights and duties of both parents with respect to the support, the court shall determine and consider all of the following: (a) The dependent adult child’s income and assets; (b) Any existing and future needs of the dependent adult child which are directly related to his or her mental of physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity; (c) Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult child himself or herself; (d) The financial resources available to each parent for the support, care, and supervision of the dependent adult child; and (e) Any other financial resources or other resources or programs available for the support, care, and supervision of the dependent adult child.” F.S. §61.31(1)(a)-(e).
How To Handle Child Support Owed After A Child Turns 18
Questions of jurisdiction and procedural posture matter. If the dissolution or support judgment already provided continuing jurisdictional language or an express agreement extending support beyond age 18, those terms control.
If there was no order or provision, an independent petition for dependent adult child support is the typical route. (see above.)
An arrearage of child support refers to the accumulation of unpaid child support payments that were legally owed under a court order.
So, if a child turns 18 does a prior obligation to pay child support arrears terminate? No, unpaid child support is an enforceable duty- arrearages are not extinguished by the child’s reaching majority.
“Society’s interest in ensuring that a parent meets parental obligations must not be overlooked simply because the child has attained the age of majority. The support obligation does not cease; rather it remains unfulfilled. The nonpaying parent still owes the money.” Gibson v. Bennet, 561 So.2d 565 (1990).
Building on Gibson’s point that the support obligation survives the child’s majority, the court also retains tools to enforce that obligation: if a parent willfully refuses to comply with a support order, the court may hold them in contempt and impose coercive or punitive measures –such as fines, attorney’s fees, wage withholding, or even incarceration- until the support is paid or the parent otherwise purges the contempt.
“[A} judgment for support arrearages is enforceable by contempt proceedings after a child has reached the age of majority. In our view, emancipation does not extinguish a support-obligated parent’s responsibility to pay the past due support.” State Dep’t of Revenue v. Koons, 662 So.2d 1307, 1308 (Fla. 2d DCA 1995).
So, if a dependent adult child award is entered, it may be enforced like any other support order to the extent permitted by law.
Enforcement actions must respect constitutional constraints (e.g., no imprisonment for debt except as contempt).
“In Florida, imprisonment for debt is specifically prohibited by the Florida Constitution. Art. I, § 11, Fla. Cons. However, it is well settled that the obligation to pay spousal or child support does not constitute a debt within the meaning of article I, section 11.” State Ex Rel. Krueger v. Stone, 188 So. 575 (1939).
If your child is approaching adulthood or has special needs, it pays to get clear, enforceable orders in place- my Florida family law team knows the statutory and case-law roadmap for post-majority support, dependent adult child petitions, and enforcement.
If you’d like to talk more about what happens to your child support obligation after your child becomes an adult, contact my Naples, Florida family law firm to talk to an experienced Florida divorce lawyer.
FAQ Summary
Q: Does child support automatically stop on a child’s 18th birthday in Florida?
A: Generally, yes. Child support generally terminates on the child’s 18th birthday unless a statutory exception applies (e.g., the child is still in high school or has a disability). See F.S. §61.13 and §61.30(1)(a)
Q: Can support continue past 18 for children still in high school?
A: Yes. Courts may require support for a dependent child between ages 18 and 19 who is still in high school or dependent in fact. See F.S. §61.30(1)(a) and F.S. §743.07(2).
Q: What is a “dependent adult” and how is support measured?
A: A dependent adult is an unmarried adult whose incapacity began before age 18; support for a dependent adult is measured under §61.31, which evaluates income, needs related to incapacity, who provides care, and parental resources. See F.S. §61.1255 and F.S. §61.31.
Q: Do unpaid child support arrears disappear when a child turns 18?
A: No. Arrearages that accrued while the child was a minor remain enforceable after majority and may be collected through contempt or other enforcement remedies. See Gibson v. Bennet, 561 So.2d 565 (1990). And State Dep’t of Revenue v. Koons, 662 So.2d 1307, 1308 (Fla. 2d DCA 1995).
