Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is disabled and deemed dependent, can child support be extended past age 18 in Florida? Generally, the answer is yes, and whether or not this can happen in a case requires specific analysis. The case Skelly v. Skelly, 5D19-3780 (Fla. 5th DCA July 10, 2020) gives some guidance on this issue.
When the parties were divorced, they had three minor children and the former husband was ordered to pay child support until the children reached the age of 18, or until age 19 if they were still in high school. After the final judgment was entered, the parties’ daughter became physically disabled and unable to support herself. The former wife filed a petition for modification of child support alleging this approximately five weeks before the child’s 18th birthday. The case proceeded to trial despite the former husband’s motion to dismiss the petition, and the court found in the former wife’s favor extending child support past the age of majority. The former husband appealed this issue along with the calculation of child support and credit for arrears.
The appellate court sided with the former wife on the issue of her standing to bring this action. The appellate court held “On appeal, Former Husband does not contest the trial court's findings that his daughter is dependent due to her physical disability or incapacity and that her physical incapacity and dependency began prior to reaching the age of eighteen. Nor does he challenge that his daughter has a continuing need to be supported beyond the age of majority. Former Husband's succinct first argument for reversal is that the trial court erred in concluding that Former Wife had standing to bring the action for support for their adult daughter because the daughter is legally competent and was not adjudicated dependent prior to her eighteenth birthday. We disagree.” The court further held “In addressing this argument, we first observe that section 743.07(2), Florida Statutes (2016), provides that a court of competent jurisdiction may order support for a dependent person beyond the age of eighteen years when such dependency is because of a mental or physical incapacity that began prior to such person reaching majority.”
The appellate court did reverse on the issues related to computation of child support where the former husband argued the trial court failed to make findings regarding the parties’ net income. Additionally, where the former husband argued he did not receive credit for payments made for child support past his daughter’s 18th birthday, the appellate court held “First, Former Husband was not necessarily seeking a credit for ‘overpayment’ of support. Second, based on the trial court's comments at the conclusion of trial, it is apparent that the court anticipated further proceedings to address Former Husband's claim for credit against the arrearages, but that apparently did not occur during the five months between the trial and the entry of the final judgment. Under these circumstances, we find it appropriate for the trial court to hold an evidentiary hearing on Former Husband's claim and, if established by competent substantial evidence, to award Former Husband credit for any post-majority child support payments that he may have paid to Former Wife for their daughter.”
Seeking child support for a child who has become incapacitated in Florida is important to ensure that the child’s needs are met even after he or she reaches the age of majority. Schedule a consultation with a Miami child support lawyer to go over the specifics of your case.