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At Orlando Family Team, we frequently hear questions about the enforceability of child support obligations after a child turns 18. Child support in Florida is governed by clear statutory guidelines designed to ensure that children receive the financial support they need while growing up. In general, parents are legally required to support their children until age 18, although there are key exceptions and considerations. In this blog, we will discuss whether you can collect past-due child support once your child becomes an adult, what to do if your child support payments extend beyond age 18, and when those obligations may continue indefinitely.
Understanding Child Support in Florida
Child support exists to help cover the costs associated with raising a child, including food, housing, education, medical care, and other necessities. Both parents share this responsibility, regardless of marital status. In Florida, the amount of child support is typically determined using a statutory formula called the Child Support Guidelines, which takes into account factors such as both parents’ incomes, healthcare costs, and the child’s needs.
When a court issues a child support order, it becomes a binding legal obligation. The parent required to pay must do so according to the order’s terms, often through income deduction or direct payments. Unfortunately, missed payments can accumulate into arrears—usually referred to as past-due child support or “back child support.”
Do Child Support Obligations End at Age 18?
Generally, yes—child support obligations end once a child becomes a legal adult at age 18. However, there are important exceptions to this rule:
- Child Has Not Graduated From High School: Florida law provides an exception for children who turn 18 but have not yet graduated from high school. As long as there is a reasonable expectation that the child will graduate before turning 19, child support will continue until high school graduation. If the child can’t graduate before turning 19, the support obligation typically terminates at age 18.
- Child Has Special Needs: Another notable exception applies if a child is disabled or otherwise has significant special needs preventing them from becoming self-sufficient. In this situation, the custodial parent can request that child support continue past age 18, potentially extending for the child’s lifetime.
These exceptions underscore that every family’s situation is unique, and parents should understand how the law applies to them. If you believe one of these exceptions may apply in your case, it is advisable to consult with an experienced family law attorney to clarify your obligations and rights.
Collecting Past-Due Child Support After 18
A common misconception is that once a child turns 18, any unpaid child support obligations vanish. This is not the case. In Florida, there is no statute of limitations on collecting past-due child support. If a parent has failed to pay mandated support, they continue to owe that money—referred to as arrears—even after the child becomes an adult.
To protect your right to collect unpaid support, you should seek a court order or ensure an existing order is still valid. A judge’s signature will preserve your right to claim future unpaid amounts. Once a child turns 18, a custodial parent can take legal action to enforce the court order and compel payment of the overdue balance. Simply waiting until the child ages out of support does not release the paying parent from the accrued debt. The obligation remains until the arrears are paid in full.
Enforcement Methods for Past-Due Child Support
Florida law offers several tools to enforce court-ordered child support, including cases where the child is now over 18 but arrears are still owed:
- Wage Garnishment: Courts can order an employer to withhold a portion of the paying parent’s paycheck and direct it toward child support arrears.
- Tax Refund Intercepts: The state can intercept federal tax refunds and apply them to unpaid child support.
- Driver’s License Suspension: A parent who fails to meet support obligations may have their driver’s license suspended until a payment plan is established.
- Contempt of Court: Courts can hold a non-paying parent in contempt, potentially imposing fines or even jail time for persistent non-compliance.
- Liens on Property: In some cases, the court can place a lien on a non-paying parent’s real estate or personal property until the overdue balance is satisfied.
These enforcement options are designed to ensure that child support orders are taken seriously. No matter how much time has passed, the law recognizes the child support recipient’s right to collect on overdue payments.
Working With Florida Family Law Attorneys
Navigating child support issues can be stressful and emotionally charged. It may also require dealing with multiple court filings, understanding complex legal processes, and presenting strong evidence for enforcement. This is where an experienced family law attorney becomes essential.
At Bernal-Mora & Nickolaou, we understand how frustrating and burdensome child support disputes can be, particularly when you are already trying to provide for your child’s needs. Our team of dedicated family law attorneys has extensive experience with Florida’s child support laws, including enforcement of arrears long after a child has turned 18. We can help you:
- Determine if your child support order remains enforceable.
- Petition the court for a contempt hearing or other enforcement action if payments are overdue.
- Negotiate a payment plan or settlement to expedite the resolution of past-due balances.
- Clarify whether exceptions apply that could extend support obligations beyond age 18.
Contact Us Today
If you have questions about past-due child support or want to explore your legal options for enforcing a valid court order, contact Bernal-Mora & Nickolaou today. We are dedicated to helping parents protect their rights and ensure they receive the financial support their children are entitled to—no matter how old the child may be. Let us guide you through the process so you can focus on what truly matters: moving forward and providing the best possible future for your family.
