Legal Question in Family Law in Florida

I was wondering if you have a MSA final judgement signed. If ex is thinking of retiring

and our agreement stated that child support was to be paid until son graduated.

Can ex get the child support stopped when he turns 18? My son will be 8 months

past his 18 birthday when he graduates. His birthday is in Sept and he graduates in

May 2011. If ex quits his job and is able to modify because he quits work,can I get an attorney and have support restored to the original MSA? My ex is dirty,got a new wife and 2 stepsons a few days after the divorce was final. i was a stay at home mom who babysat and help get him his AA degree. I just have GED and I'm 52 YOA.

too old to start over. I have lifetime alimony,can this also be restored if he tries to get it modified saying he can't afford it????


Asked on 10/26/09, 8:41 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

I'll assume your divorce was in Florida. My answer may be different if it wasn't.

Under Florida law, child support stops at 18 unless the child is still in high school. If the child is still in high school after age 18, child support continues until the child is 19 or graduates, whichever comes first.

If he gets the alimony lowered because he can't afford it, you can aways have the alimony returned to it's normal level when he can afford it again, or you can have it increased to get closer to the normal level if his incomes increases.

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Answered on 11/01/09, 12:02 pm


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