Can I Get Past Due Child Support In Florida After My Child Turns 18?

In Florida, the general rule is that child support ends when a child reaches the age of eighteen. Because of this general rule, if your child just turned eighteen or is about to turn eighteen, you may be wondering if you will ever see the child support payments your child’s other parent owes you. You might be wondering, “Can I get past due child support in Florida after my child turns 18?”

So can you get past due child support in Florida after your child turns 18? The general rule that child support payments cease when a child reaches the age of eighteen does not apply when payments are owed for any time before the child reaches that age. You have the right to collect overdue child support payments even after your child turns 18. Read on to learn more.

Child Support Obligations Can Continue Even After a Child Turns 18

The general rule is that child support ends when a child turns 18. However, Florida law provides certain exceptions. First, if a child has not graduated high school by the time they reach the age of 18, child support should continue until the child graduates or reach the age of 19. However, if a child is not on track to graduate before they turn 19, child support ends when they turn 18.

Second, child support can continue after age nineteen if a child has special needs and is incapable of becoming a self-supporting adult. In fact, in such a situation, child support can last for the life of the child.

How Long Can a Parent Collect Child Support Arrears?

In Florida, you have the right to collect child support arrears until all payments are made. Even after your child is all grown up, you have the right to pursue child support arrears from the other parent. However, it is crucial that you act fast. If you delay taking action, you may give the other parent a possible defense to any claim to arrears you make.

In Florida, you can even recover child support arrears after your child’s other parent dies. In the event your child’s other parent dies before making all child support payments, you can make a claim against their estate.

How Can I Collect Child Support Arrears in Florida?

If your child’s other parent has child support arrears, you need to obtain a signed Court Order. A Court Order will help you preserve your right to make a claim to arrears in the future if your child’s other parent is not in a position to make payments right now. Reach out to an attorney to receive help with this.

In regards to the collection efforts the Florida Department of Revenue uses to help parents get past due child support, the following are some of the efforts;

• Income withholding
• Placing a lien on personal property
• Sending notices of late payment
• Notifying credit agencies of child support arrears

Contact an Orlando Child Support Lawyer

If you need help recovering past due child support from your child’s other parent or with any other child support-related matter, contact an experienced Orlando child support attorney at the Arwani Law Firm.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html