Legal Question in Family Law in Florida

I have an eighteen year old and a sixteen year old. The original custody agreement was visitation every other weekend. My daughter graduated high school and will be attending college on a full scholarship including work study. She will be living at the school full time. Does that consider her emancipated? My son is now living with me every other week now not just weekends. I am to pay child support till they reach the age of nineteen. But with my daughter away full time and my son living with me every other week can child support be discontinued by court order? Also I live in Lake County but was divorced in Seminole County can I get the child support modification taken care of in Lake County or does it have to go back to Seminole County?

Thankyou for your attention to this matter it is greatly appreciated.


Asked on 6/12/10, 5:33 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

You would have to show your agreement to an attorney to be sure, but it sounds like you have good cause to go back to court for a modification of child support. Unless your ex lives in Lake County, the modification will probably have to happen in Seminole County, but again, this is something to discuss with your attorney.

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Answered on 6/14/10, 9:00 am
Lucreita Becude Lucreita D. Becude, P.A.

You might want to read those divorce papers again as to child support. If your child has graduated and is now in college and over the age of 18, you probably do not have to pay child support. The clause usually states that if the child has not graduated but will at the age of 19, then you do have to pay child support for that child. As to the 16 year old, you probably has cause to reduce the support.

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Answered on 6/14/10, 11:52 am


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