Legal Question in Family Law in Florida
parental obligations beyond age 18
If the Marital Settlement Agreement specifically states that child support obligation ceases when child becomes age 18, am I required to continue to pay until child graduates from high school (2 months after his turning 18), if not done, can I be required to pay former spouse's attorney fees and does law state that I must file with court for modification of child support releasing me from obligation once child turns 18 or graduates from high school.
1 Answer from Attorneys
Re: parental obligations beyond age 18
If the Marital Settlement Agreement specifically states that
child support obligation ceases when child becomes age 18, am I
required to continue to pay until child graduates from high
school (2 months after his turning 18)NO. FOLLOW THE AGREEMENT ALTHOUGH YOU MAY CONTINUE TO ASSIST IN YOUR CHILD'S CARE BY CONTINUED VOLUNTARY PAYMENTS, if not done, can I be
required to pay former spouse's attorney fees ATTORNEYS FEES MAY BE REQUIRED TO BE PAID BY OTHER SPOUSE IF IT IS DETERMINED THAT ONE SPOUSE IS FINANCIALLY UNABLE TO PAY DUE TO THE CIRCUMSTANCES OF THE MARRIAGE. BY FOLLOWING THE MSA YOU ARE ABIDING BY AN AGREEMENT ALREADY ACCEPTED BY YOUR SPOUSE. SHE CANNOT COMPLAIN ABOUT IT NOW. SHE CAN ALWAYS ASK FOR A MODIFICATION. and does law state
that I must file with court for modification of child support
releasing me from obligation once child turns 18 or graduates
from high school. IF IT SAYS THAT THEN THE MSA IS NOT CLEAR AND YOU WOULD NEED TO EITHER PAY UNTIL BOTH CONDITIONS ARE MET OR ASK FOR IT TO BE MODIFIED TO BE CLEARER.