Legal Question in Family Law in Florida
child support for a child passed the age of majority
the original marital agreement allowed for child support to be paid past the age of majority while he is in college, however, there has been a substantial change in income involving bankrupcy. although the agreement originally was written to pay child support , that was done when finances were available to do so . can the agreement be modified at this time he is 21 years old , also there is a second child who will be 18 next month, the mother has hired an attorney and i cannot afford one and he has stated case law which states the child support for the older child cannot be modified but the amount that is paid is paid for both children not broken down . is there case law that can be used to support a modification of child support in this situation. he quotes case law of zolonz v. zolonz659 so.2d451 and richter v. richter 666 so.2d 559
1 Answer from Attorneys
Re: child support for a child passed the age of majority
If your agreement does not break down how much support is for each child individually, you have to actually petition to terminate support when one child reaches majority to determine how much is going to be paid for the remaining child. Either way, you would also petition for modification because of your substantial change in financial circumstances. It would all be part of the same action.
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