Can a Florida Court Order a Parent to Pay Child Support for an Adult Disabled Child?
Usually, parents assume their responsibility to pay child support ends when their children reach adulthood. However, in Florida, there is one exception. Some adults who are not able to support themselves due to a disability can receive support from their parents.
Florida has special statutes concerning dependent adult child support. It is important to know the details for families whose children reach 18 years old.
Who qualifies as a dependent adult child?
According to Florida Statute 61.1255, a dependent adult child is an unmarried adult who cannot support themselves due to a physical or mental incapacity that developed before they turned 18 years old.
It is critical to understand that the employment status or dependency of an adult child upon the parent does not, in and of itself, qualify them as a dependent adult child. Their inability to support themselves should occur as a consequence of a qualifying physical or mental disability, and it should develop before reaching adulthood.
The Florida Legislature enacted the current statutory scheme in 2023 to codify Florida law on this issue.
How is support established?
Proceedings for dependent adult child support can begin after the child turns 17 years and six months of age, except where there already is a support order that was made while the child was still a minor.
The dependent adult child, a parent, or anyone who acts on the child’s behalf, can file proceedings. Normally, the proceedings have to be instituted in the circuit court in the county of residence of the dependent adult child.
Proper timing depends on whether the court already has jurisdiction over the parents because of a child support case. Here, the parents can reach a written agreement on dependent adult child support in the same case, as long as they do so before the child turns 18.
How much support can a court order?
Supporting a dependent adult child cannot simply mean extending the amount allocated to the child while they were still a minor.
Some of the considerations that must be made by the court under Florida Statute § 61.31 include:
- Income and assets of the adult child
- Special needs arising from disability
- Need for care and supervision
- Ability of each parent to pay
- Other sources of assistance to help the child
Means-tested government benefits are especially crucial since the child may qualify for them. If the child receives support improperly, this can affect their eligibility for such government benefits. Under Florida law, the court must take into account the impact of the award on government benefits and make sure that no award reduces the child’s eligibility.
Talk to a Tampa, FL, Child Support Lawyer Today
Westchase Law, P.A., represents the interests of Tampa parents who want to recover child support from their child’s other parent. Call our Tampa, FL, family attorneys today to schedule an appointment, and we can begin preparing your arguments right away.
