Can You Get Past-Due Child Support After the Child Turns Eighteen?
Typically, child support payments terminate when the child reaches the age of majority or 18 years old. However, this rule does not apply to past-due child support payments. A parent who is the recipient of child support payments is entitled to recover past-due child support payments regardless of how old the child is. So, just because your child has turned 18, you haven’t lost your right to recover past-due child support payments from a delinquent parent.
To collect past-due child support payments, the custodial parent must obtain a court order that is signed by a judge. Even if the non-custodial parent is unable to make child support payments at that time, the court reserves the right of the custodial parent to recover the debt. A Clearwater, Florida child support attorney can help custodial parents recover past-due child support arrearages.
Florida provides an exception in cases when the child does not graduate high school
In cases where the child hasn’t graduated from high school by their 18th birthday, child support would continue so long as there is a reasonable expectation that the child will graduate from high school. Florida Statute § 61.30 contains a provision that allows a custodial parent to recover child support after the child has turned 18 but not yet graduated from high school. If there is a reasonable expectation that the child will graduate by their 19th birthday, child support will continue even though the child has reached the age of majority. When there is no expectation that the child will graduate, child support will terminate on their 18th birthday.
Florida provides an exception for special needs children
Florida law provides yet another exception to the rule that child support payments terminate on the child’s 18th birthday. If the child has special needs and is incapable of becoming self-supporting, the child support can continue indefinitely. The custodial parent must request child support for the special needs child from the court. The child support would then last the life of the child.
To effectuate this circumstance, the custodial parent must get a court order and the court must recognize the special needs status of the child before the child reaches 18 years of age. This is generally achieved through a first-time order or a modification of the child support agreement. A parent who fails to request a special needs child support modification will forfeit their right to recover child support after the child turns 18.
What should I do if I’m owed past-due child support and the child is over 18?
If your former spouse is refusing to pay back due child support because your child is 18, you should immediately contact the Clearwater, Florida child support modification attorneys at Cairns Law, P.A. We can help you recover past-due child support and ensure that money is paid. Just because your child is now 18, it doesn’t mean that you aren’t owed that money.
Talk to a Clearwater, Florida Child Support Lawyer Today
Cairns Law, P.A. represents the interests of Clearwater, Florida residents who have concerns about their child support payments. If you are owed back due child support, call our Clearwater family lawyers today to schedule an appointment, and we can recover that money for you.
