Legal Question in Family Law in Florida

child support

I have a 23 yr old son who is mentally challenged. I paid child support until he was 18 years old. My ex spouse receives SSI payments monthly

for him. I care for my son roughly 40% of the time. She has never given me any SSI money for his care. She is now threatening to take me back to court for retroactive child support, and continuing payments till the end of my son's life. Can she do this?


Asked on 7/11/09, 8:26 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: child support

It is possible for child support to continue through life when the child is diabled and unable to live on his or her own. However, the post-18-year-old child support must usually be awarded before normal child support ceases at age 18.

If, for some reason, you do have to pay child support, you should know that you get credit against your child support for the amount of SSI she receives for the child. That may be enough to wipe out the child support.

Call me if she files against you.

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Answered on 7/11/09, 5:46 pm


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