Legal Question in Family Law in Florida

1. Is there case law in Fl that dose not allow modification of child support.

2. The last part of FS 743.07 (2) stats" is between the ages of 18 and 19, and still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19". After sending a copy of a court order to my childs school I got a copy of her records. It shows she will not graduate befor the age of 19, 2008-2009 school year absent 16 days, 2009-2010 absent 22 days, and 2010-2011 absent 15 as of 03/18/11, and the school year is not even over yet. Is this not "performing in good faith "


Asked on 4/08/11, 6:40 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Performing in good faith applies to her school work and behavior towards school. At the age of 19 you can discontinue the support unless your ex spouse takes you back to court to show that she will graduate at a later date and you may have to continue until that date. But it must be reasonable and within the school critera. The fact that she has been absent only shows she was out ill.

You should be happy that she is at least trying. Have you thought about getting her a tutor and supporting her through her academics. Have you been to her school to see what has been going on, talking to her guidance couselor, her teachers?

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Answered on 4/08/11, 7:10 am


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