Legal Question in Family Law in Florida

Re: Change 1985 Divorce Decree?

The Law in Florida is that child support shall continue until the child reaches the age of 18, dies, becomes emancipated or joins the armed services. However, if the child is 18 and is still in high school than child support should continue until graduation. That is the law, however, if you and your ex agreed to something else then the agreement prevails. Usually even though there is the agreement which you speak of, it is interpreted to mean at graduation. The right to collect child support can not be waived. You should have an attorney review you final judgment. Finally, if he has been paying more than the child support which was ordered he may be entitled to a credit. Case by case basis. You would file your action for arrearages in the court where the action was previously filed. If in a different state where you reside now, then you should speak to an attorney to have the case transferred.