Legal Question in Family Law in Florida
I am divorced and my son is with my wife. I have continued paying child support for my emotionally slow son (he is 22, but has mental/emotional development of a 10 year old) who is now receiving approx. $600 in SSDI and is working close to 40 hours a week at a 5-star hotel here in Orlando at $9 / hr. My ex-wife is working also and finishes paying a 400/mo. car loan in 2 months, giving her plenty of money coming in. I am now 54, still paying child support for my daughter, too,(my daughter is 19, but still in high school ) , I pay for medical , dental and vision for both, and often pay out of pocket for doctor appointments/medicine/clothes for both children, in addition to the child support my ex-wife receives. I have little $ saved for retirement and am feeling anxious about it. Do I have the legal standing to stop paying child support for my 22-year disabled old son ?
3 Answers from Attorneys
Unless there was a court order entered directing child support after age 19, the short answer is yes. To be safe file a motion with the court and have it heard by the court.
Yes, you have a good case, especially since he has a full time job.
Your court order will tell you when you can stop paying support. Typically, you can stop at age 19 or at the end of high school, whichever occurs first. The disability of a child can extend child support for a much longer time, even for life, but that would have to be in your court order. Also, his income from work and from SSDI would reduce or eliminate child support child support even if it's owed after high school.