Can You Get Past Due Child Support After The Child Turns 18?
Generally speaking, child support payments terminate when the child reaches the age of majority or 18 years of age. However, this rule doesn’t apply to past-due child support payments. The recipient parent is entitled to recover past-due child support that hasn’t been paid. To collect past-due child support payments, the custodial parent must obtain a court order that is signed by a judge. Even in circumstances where the debtor parent is not able to make child support payments at the time, the court order preserves the right of the custodial parent to recover that debt. A Tampa, FL child support attorney can help custodial parents recover past-due child support payments.
Florida provides an exception when a child has not graduated from high school
If a child does not graduate from high school by their 18th birthday, child support will continue so long as there is a reasonable expectation that the child will graduate from high school. Florida Statute §61.30 contains the provision that allows a custodial parent to recover child support after the child has turned 18 but has yet to graduate from high school. When there is a reasonable expectation that the child will graduate from high school by their 19th birthday, child support will continue. If there is no such expectation, child support terminates on the 18th birthday of the child.
Florida provides an exception for handicapped or special needs children
In Florida, the law provides for another exception to the termination of child support on the child’s 18th birthday. If the child has special needs and is incapable of becoming self-supporting, then child support may continue indefinitely. The custodial parent must request child support for special needs children from the court. The child support will last for the life of the child.
The custodial parent must get a court order and the court must recognize the special needs status of the child. This can be achieved through a first-time order or a modification of the child support agreement. The court must recognize the special needs status of the child before the child reaches the age of 18. A parent who does not request a special needs child support payment will forfeit their right to recover child support after the child turns 18.
What to do if you are owed past-due child support and the child is 18
If you have a former spouse who is refusing to pay back-due child support because your child has reached the age of 18, you should contact a Tampa, FL family lawyer because you are owed that money. Just because your child has turned 18, it doesn’t mean that you aren’t owed money for the support of the child.
Contact a Tampa, FL Child Support Attorney Today
Faulkner Law Group, PLLC represents the interests of parents who are attempting to collect past-due child support. Call our office today to schedule an appointment, and we can begin discussing your needs immediately.
