SupportforaduLtdependentChILdren
Marital & Family law Section Chair : KimMaxwell – OlderLundyKoch & Martino apetitionrequestingsupport foradependentadultchildmay befiledanytimeafterthechild reachestheageofseventeen yearsandsixmonths .
It has been well settled law that both parents have a duty to support a physically or mentally disabled adult child whose disability began prior to the age of majority . 1 A court of competent jurisdiction could order ongoing support for a dependent child beyond the age of eighteen years when such dependency was due to a mental or physical incapacity that began prior to such person reaching the age of majority . 2 It was necessary for a parent to plead for continued support prior to a child reaching the age of majority , or the court lost jurisdiction over the matter . 3
Florida Statute § 61.1255 codified much of what was already established through case law and
provided a procedure for adult dependent children to obtain support , while also protecting means-based government benefits they may be receiving . 4 The statute defines a dependent adult child as an unmarried adult who is incapable of self-support due to a physical or mental incapacity that began before the child reached the age of eighteen . 5 A physical or mental incapacity must be shown for the child to be considered a dependent adult , more than just an inability to self-support past the age of majority .
A petition requesting support for a dependent adult child may be filed any time after the child reaches the age of seventeen years and six months , unless there is already an order in place that established support during the child ’ s minority . 6 If support was ordered during the child ’ s minority , the court already has jurisdiction over the parties and may retain jurisdiction if the parties agree in writing ; however , this agreement must be submitted to the court for approval before the child reaches the age of majority . 7 If the parties do not agree , or there is no previous order of support , a petition to establish support for a dependent adult child may be filed . 8 This petition must be filed in the county where the dependent adult child resides . 9 A petition to establish support for a dependent adult child
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