Whenever a Florida family law case involves children, child support is usually a part of the case. Florida law depends on the idea that both parents should financially support their child wherever needed. Most parents get confused by Florida’s child support rules. These include financial affidavits, support guidelines, and income withholding orders. Child support in Florida is usually calculated depending on each parent’s income, childcare or daycare costs, health insurance costs for the child, and how many overnight visits the child has with the non-custodial parent. Most parents also have questions about whether the child support continues when their child turns 18 in Florida.
What you need to know about Child Support: Will I Have to Pay Child Support?
When Does Child Support End in Florida?
Florida uses child support guidelines to check how much support a parent needs to pay. In most cases, child support ends when a child turns 18. However, there are various exceptions where support continues beyond that age limit. Some of the common exceptions to the rules are:
High School Students
If a child turns 18 and is still in high school, child support continues till the child graduates. However, support will end once the child turns 19, even if they have not yet graduated.
Children With Special Needs
A court may need child support to continue after the age of 18 if the child has special needs and cannot support themselves independently. Courts usually review these situations themselves and consider factors such as psychological and medical needs, and the child’s ability to live independently.
Families with Multiple Children
When a child support order covers more than one child, the order may remain in effect after one child turns 18. In these cases, the support amount usually decreases as each child reaches adulthood. It is usually known as a step-down provision. Support continues until the youngest child ages out or otherwise no longer qualifies.
How Is Each Parent’s Income Is Calculated?
When determining child support, the court usually considers the income earned by each parent. It can include your:
- Wages and salaries
- Business income
- Disability benefits
- Self-employment income
- Income from partnerships or corporations
- Workers’ compensation benefits
- Unemployment benefits
- Social Security benefits
- Retirement, pension, or annuity income
- Rental property income
- Alimony received from a prior marriage
- Interest income
- Money received from royalties, estates, or trusts
The court does not count your public assistance benefits and expected future income that you haven’t earned yet. However, the court can consider future earning potential if a parent recently earned a degree, license, or certification that is likely to help increase income.
Is There an End to Child Support Orders?
In Florida, child support orders usually have a date that shows when child support ends. And that’s mostly when the child turns 18. If the order covers more than one child, it should highlight a separate end date for each child as they each turn 18. Other than that, an Income Withholding Order (the order used to deduct support payments from income) should also include these end dates.
However, some Florida child support orders signed before October 2010 may not include these end dates. Also, some judges today still sign orders without highlighting them. Even if an order does not include an end date, it is still considered valid. The reason Florida added such a requirement was to help parents avoid having to go back to the court just to officially end child support when the child turns 18.
What Happens To Unpaid Child Support When A Child Turns 18?
If you still owe unpaid child support when your child turns 18, you may have to keep paying until the complete amount is paid off. In Florida, there is no time limit for collecting past-due child support. It means unpaid support does not go away just because your child becomes an adult. If you owe back child support, the state can take actions such as:
- Putting a lien on your car or other property
- Taking your tax refund
- Taking money from lottery winnings
- Suspending your driver’s license renewal.
A judge can also hold you responsible for not paying child support, which can land you in jail.
Can I Modify Child Support Payment in Florida?
Yes, it is possible to change child support payments before your child turns 18. However, it depends on the major changes in your situation. If you want to request a change, you need to file a petition with the court.
The parent requesting the changes needs to prove that the new circumstances clearly justify an increase or decrease in child support. Some of the common reasons to modify child support include:
- A drastic change in the parents’ income.
- Losing a job without your own fault and being unable to find a new job despite actively searching for one.
- A permanent change in the parenting/time-sharing schedule.
- Change in the healthcare or childcare costs.
- Changes in the child’s needs.
- Having another child to support.
Requesting changes in the child support can be a challenging process. If your situation has changed, you need to speak with an experienced family attorney who can help you understand your options. As a result, you can protect your rights and your child’s best interests.
Here are Florida Child Custody Laws: What Divorced Parents Should Know About Time-Sharing
How To End Child Support in Florida After 18 Years of Age?
Child support may end automatically if the order includes a termination date. In some cases, a parent may need to file a request with the court. If you cannot automatically end paying for child support when your child turns 18, you need to file a Supplemental Petition to Modify or Terminate Child Support in the same court that issued the child support order. You must use the same case number from your original case.
Depending on the court, the process can be a bit complicated and may involve many of the same steps as your divorce or child support case. After you file the petition, the other parent must be formally served with the paperwork. The court can schedule a hearing. It is important to know that any changes or termination of the child support usually becomes effective on the date you file for the request and not on the date of the hearing.
You must continue to pay child support until the judge signs a new court order. For example, if you file in August but do not get a court order until the next six months, you must keep making payments during that time. If you overpay, you need to request reimbursement from the other parent. In most cases, child support usually ends when the child turns 18, unless there are some special circumstances.
Changing Child Support Agreements in Florida? Here is what to know.
Contact The Affordable Divorce Center Attorneys For Help!
In Florida, child support usually ends when a child turns 18. However, there are some exceptions. Child support usually continues if the child turns 18 before graduating from high school. The conditions even apply when a child becomes legally free before 18, such as through military services, marriage, or other legal means. In case the child has special needs, child support may continue indefinitely. If you want a free evaluation for your child support case, contact our Affordable Divorce Center lawyers by visiting our West Palm Beach or Boca Raton offices.
