Child support is the obligation of a parent to financially support their children when they do not live with them. It is presumed that when a child lives with a parent, the parent provides for the child’s financial needs. However, when parents divorce or do not live together, the state has child support guidelines that can address the issue.
Florida uses child support guidelines to calculate payments. Generally, your child support obligation terminates in Florida when a child turns 18 years old. However, there are exceptions to the general rule. Three common exceptions are:
High School Students
Florida law makes an exception for high school students. If a child turns 18 while in high school, child support can continue until the child graduates. However, child support ends when the child turns 19, even if the child is still in high school.
Special Needs
A court may order child support to continue past a child’s 18th birthday if the child has special needs. The criteria for this exception are reviewed on a case-by-case basis. The court considers all factors, including the child’s medical needs, psychological conditions, and the ability to live independently.
Multiple Children
The law requires child support orders to include a date when child support begins and ends. The default termination for child support obligations is the child’s 18th birthday. However, a child support order may continue beyond a child’s 18th birthday when the order covers multiple children.
A couple may have two or more children. In that case, the court may include child support in one order. However, as the children turn 18 years old, the child support order includes a step-down provision.
The amount of child support decreases when the first child turns 18 years old. If there are more than two children, the support decreases as each child turns 18 and ends when the last child turns 18.
What Happens to Unpaid Child Support When a Child Reaches 18 Years Old?
Child support may continue past a child’s 18th birthday if it is in arrears. Florida does not have a statute of limitations for collecting unpaid child support. Therefore, if you owe back child support, you might be required to continue paying it after your child turns 18 until you pay the final balance of your child support obligation.
In addition to owing child support, you could face one or more penalties for back child support payments. The state may:
- Seize your tax refund
- Place a lien on your vehicle or other property
- Prevent you from renewing your driver’s license
- Deduct child support from lottery winnings
A judge may hold you in contempt for failure to pay child support. In that case, you could face jail time for unpaid child support.
Can I Modify Child Support Payments in Florida?
Child support may change before your child turns 18 years old. The court can modify child support obligations based on a change in circumstances.
A parent must petition the court for modification of child support. The parent asking for the modification has the burden of proving the change in circumstances justifies increasing or decreasing child support. Reasons for modifying child support include, but are not limited to:
- A substantial increase or decrease in a parent’s income
- Involuntary unemployment and you cannot find employment even though you are actively searching
- A permanent change in the time-sharing schedule
- A change in childcare or healthcare expenses
- The child’s needs change
- The addition of another child to support
Modifying child support may be a complicated process. When circumstances change, it is best to seek legal advice from a child support lawyer to learn about your legal options and how to protect yourself and your child’s best interests.
Contact the Orlando Child Support Lawyers of Conti Moore Law Divorce Lawyers, PLLC for Help Today
For more information, contact our experienced Orlando child support lawyers at Conti Moore Law Divorce Lawyers, PLLC by calling (407) 831-0203 to schedule a free consultation.
We serve all through Glenn County and it’s surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203