Legal Question in Family Law in Florida
My final divorce papers says that my ex has to pay child support until our son graduates.My son will be almost 19 when he graduates. My ex is going to try and have sons support stopped when he turns 18.Can he go against the final divorce agreement and have support stopped??? He has a new wife and 2 stepsons,and new wife isn't happy with the payments to our son. do I need to get an attorney to fight him or will the judge tell him he can't change the order.Does this have to take place where we lived,the county where we divorced? You don't know how much I appreciate you taking the time to answer the people like me who nows nothing about law. Thank you in advance.....
2 Answers from Attorneys
He will not likely be successful. The divorce decree will control and the rule is that support is required until the child is 18 or graduates from high school, whichever is latest. There are some minor exceptions, but if there has been no dramatic changed circumstances, I doubt that the court stop the support obligations.
Child support orders are modifiable if there has been a material change in circumstances. The provision in the order that requires him to pay until your child graduates from high school is standard practice and will be difficult to modify. If your ex files for modification in court, then you should very definitely retain an attorney. Hope this helps and good luck!
Dan
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