When Do Child Support Payments Stop?

In Florida, the parental obligation to provide financially for one’s children doesn’t end with divorce. Instead, this responsibility is often formalized in a child support order, where one parent is required to pay a certain amount to a co-parent (usually the one with primary custody) to help with the child’s maintenance and expenses. These awards are not indefinite and generally end when a child turns 18 years old. There are, however, some exceptions to this rule.

Child Support Amounts 

The amount that a parent must pay in child support is based on a specific calculation that requires the use of predetermined guidelines, the parties’ incomes, the number of children being supported, and the family’s expenses. The paying parent will need to continue making the same amount, unless it is modified by the court based on a substantial change in circumstances of either party or the changing needs of the child. Generally, these payments must be made until a specific date that occurs either on or soon after the child’s 18th birthday. Courts can, however, order child support for a longer period of time in some cases.

Reasons to Extend Child Support 

There are a couple of ways to extend child support in Florida. For instance, if both parents agree to extend the payments, then they can ask a judge to include that agreement in the child support order, thereby making it legally binding. Even if two parents don’t reach such an agreement, however, a court can order a child support extension if the child in question is still in high school when he or she reaches the age of 18 years old. In these scenarios, judges can order that child support continue to be paid throughout the child’s 18th year. This is only a possibility when the child is:

• Expected to graduate before reaching the age of 19 years old; and
• Is still dependent on the parent with primary custody.

Finally, judges can award child support extensions in cases where a child has a mental or physical incapacitation, as long as that incapacitation occurred before his or her 18th birthday. There are no time limitations in these scenarios and judges are also permitted to order child support paid not just to a parent, but to a third party, like a group home or care facility that provides care for the child.

Contact Our Fort Lauderdale Legal Team for Help 

Although child support orders usually expire on a child’s 18th birthday, there are still some situations where a court could order an extension of those payments. It is also, however, possible to modify these awards if a child’s needs change or if one of the parent’s experiences a major change in financial circumstances. For advice on these, or any other child support-related issues, please don’t hesitate to call dedicated Florida child support lawyer Sandra Bonfiglio, P.A. today. You can set up an initial case review by calling our office at 954-945-7591 or by sending us an online message.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

floridarevenue.com/childsupport/child_support_amounts/Pages/child_support_amounts.aspx