Legal Question in Family Law in Florida

support for disabled adult children

My ex served me with a petition for continued child support for our now-18 year old son, who admittedly has some minor physical limitations, but is by no means a incapable person, either mentally or physically. The petition was filed two days before his 18th birthday, and was not served to me until my son had reached the age of majority. Exactly ''how'' disabled does a person need to be, in order for the courts to direct a continuation of support payments? This has never been an issue with my ex in the past; I suspect she has realized that her money is stopping, and is looking for any way for me to continue paying. My son has graduated from a regular high school, and is enrolled in the local junior college; he holds down a job, and is computer literate. Basically, he is a normal kid, with some mobility problems in his left hand, as well as some emotional/maturity issues, but possesses a normal IQ, knows right from wrong, etc. He is not in reciept of any disability benefits; i.e., social security, and does not qualify as a disabled dependent for the purposes of my Veterans Administration benefits. Juristiction of this case is in Florida.


Asked on 5/25/07, 12:51 pm

3 Answers from Attorneys
Marie-Anne Oatley

Re: support for disabled adult children

The statute mandating continuing support from parents beyond the age of 18 addresses children incapable of supporting themselves; children who are "dependent" on the parents because of mental of physical incapabity. If your child is working and able to support himself, and is not your ex's dependent, child support should terminate at 18 or at high school graduation as long as before 19.

Be careful if she is represented and you are not...

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Answered on 5/25/07, 1:24 pm
Michael Stewart Michael D. Stewart

Re: support for disabled adult children

You should submit these same arguments to the court against continuing the child support.

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Answered on 5/25/07, 1:48 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: support for disabled adult children

The facts you presented does not support a petition to support an adult incapacitated child. Incapacitation is a call for the court based on many of the factors you say the child is sufficient at. The test is roughly whether the child can sustain him or herself as a adult without the support.

Good luck.

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Answered on 5/28/07, 12:19 pm


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