Child Support

Child Support Guidelines §61.29, Fla. Stat. Part 17 of 18| Divorce Attorney Fort Myers/Cape Coral

61.29, Fla. Stat., provides for child support guidelines principles. These principles do not affect the actual computation of the child support itself, but provide the following:

1. Each parent has a fundamental obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based on the parents’ combined net incomes estimated to have been allocated to the child as if parents and children were living in an intact household.
3. The guidelines encourage fair and efficient settlement of support issues between parents and minimize the need for litigation.

Below please find some general information regarding child support and how it is calculated.

Termination of Child Support

1. All child support orders and income deduction orders must provide for child support to terminate on a child’s 18th birthday unless the court finds that § 743.07(2), Fla. Stat. applies, (high school graduation) or is otherwise agreed to by the parties. See § 61.13(1), Fla. Stat.
2. 743.07(2), Fla. Stat. provides that child support may be extended beyond a child’s 18th birthday in two instances:
   18. First, when a dependency is because of a mental or physical incapacity which began prior to such person turning 18.
   19. Second, if a person is dependent in fact, is between the ages of 18 and 19, and is still in high school performing in good faith with a reasonable expectation of graduating before age 19.
       1. The statute authorizing the court to extend child support is not mandatory and merely authorizes the court to make the extension if the statutory conditions are met. Rose v. Rose, 8 So.3d 1251 (Fla. 4th DCA 2009).
   20. All child support orders must provide for a specific month, day and year that the reduction or termination of child support becomes effective.

Interest on Arrearages

1. The recipient of child support is entitled to prejudgment interest for all arrearages from the date the child support is due until the date of the arrearage judgment, along with interest that accrues on the arrearage judgment itself. J.D. v. A.G., 39 So.3d 360 (Fla. 2nd DCA 2010).

Support for an Adult Child with Mental or Physical Incapacity

1. 747.07(2), Fla. Stat.: This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority.

For more information, please contact us to schedule your consultation.

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