Pensacola, FL asked in Child Support for Florida

Q: If my daughter turns 18, but is still in highschool, but left mothers care and moved in with a boyfriend

She is starting senior year..but turns 18 in a few months, moved out of her moms house and in with a boyfriend, has possesion of child support card and collects the money directly.

I understand child support continues in most cases if still in higjschool..but how does her moving out of mothers care into a boyfriemds house effect this..does this make her independant and give me the grounds to terminate child support if i petition the court

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1 Lawyer Answer

Sarah E. Kay

Answered
  • Tampa, FL
  • Licensed in Florida

A: The statutes which may be applicable to the scenario described would be:

* Fla. Stat. s61.13(1)(a) - providing, in relevant part, that child support is to terminate on a child's birthday unless the court finds or previously found that Fla. Stat. s.743.07(2) applies, or is otherwise agreed to by the parties

* Fla. Stat. s743.07 - permitting a court of competent jurisdiction to require support for a dependent person beyond the age of 18 years... if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

Full text of the statues available at: http://www.leg.state.fl.us/Statutes

Depending on all the facts of the case, there may be an argument that the child is no longer dependent in fact and, therefore, even if there was an agreement or court order to extend the support past the child's 18th birthday, Section 743.07 would permit the termination of support.

You should consult with a qualified Florida family law attorney to explore all available options. You should consider acting as soon as possible because modification or termination of child support generally, with limited exceptions, is applicable retroactively no further back than the petition for modification or termination.

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