Legal Question in Family Law in Florida

Re: Child support after age 18

It depends if there was an agreement in writing for support beyond 18. Then the terms of the agreement control. Otherwise child support ends at age 18 unless, prior to turning 18, the parent petitions the court to extend it until high school graduation.

Re: Child support after age 18

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If the parties had a marital agreement that addressed this issue, then it would be controlling. If child support stopped at 18 and the child was still in high school, the custodial parent has the right to petition the court to ask for child support to be extended and the court will extend the payments from the non custodial parent.

If the child wants to go to college and it is not provided for in an agreement, the parent can again petition the court but the courts are mixed on whether the other parent will be required to help contribute for college expenses. Some cases have held that it could depend upon the parents' educational level and whether or not the child could have an expectation of attenting college.

Scott R. Jay, Esq.