Legal Question in Family Law in Florida
What happens if i move out?
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I am 17 years old soon to turn 18.
My parents are recently divorced, and as part of the terms, my father is to pay child support to my mother until I graduate from High School. I still have one final school year left, 'til June 2008
Once I turn 18 (2 months from now), I may choose to move out, because I am unhappy with the living conditions of my mother's household and the way the child support money is being used.
I will have two options, move in with my father, or find a room mate and get an apartment. Should I choose to get an apartment, is there a way to have it so that my father pays the amount he would have paid for child support to my mother be paid to me, until I graduate from highschool, per the original terms, just to me instead of her?
Will this be something that could be mandated or will he simply not be required to pay that amount at all anymore, and it will be purely optional if he wants to help me out?
1 Answer from Attorneys
Re: What happens if i move out?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Unless one of your parents files a motion to modify the final judgment, your father may have to continue to pay the child support to your mother depending upon the terms of the final judgment. Usually it will say that the child support is to be paid until the child reaches the age of 18, marries or becomes emancipated although sometimes it will provide that it continues until high school is finished. Most likely your father will not have any obligation to pay the monies to you if you choose to move out as you will be 18 years old and emancipated. Florida law does not require a parent to support a child after the age of 18.
Scott R. Jay, Esq.
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