Author: JONATHAN JACOBS

Florida Child Support Health Insurance

Name: Jacobs Law Firm, PLLC
Price range: $$

Posted by JONATHAN JACOBS on January 3, 2018

Florida Child Support health insurance is in part governed by Florida Statute 61.13. This Statute specifies that each child support order must include a clause regarding health insurance for the minor child. Independent child support negotiations between parents may include a stipulation by the parties specifying how the parents will pay for health care costs (deductibles, co-pays, premiums, vision, dental, etc.). Health insurance payments can be made independent of a court-order for child support, but should be referenced in any agreement or final judgment ordering support for a minor child. If Florida child support health insurance (really a title rather than an actual service provided by the insurers) is ordered by the court, the order must particularize that the insurance must be reasonable in price and must be available to the minor child through a workplace or otherwise. Attorney Jacobs is an Orlando FL child support attorney. Dial 407-335-8113 today for your consultation!

Reasonable Cost of Florida Child Support Health Insurance

Reasonable in the case of Florida child support health insurance means that the cost should not exceed 5% of the gross income of the parent ordered to or responsible for paying for the health insurance. Similar to many other evidentiary standards and practices, the fact that Florida child support health insurance is available for a “reasonable” cost is rebuttable, meaning arguments can me made to the contrary or in support of its reasonableness in pricing. Moreover, non-covered medical expenses may be added to the equation to provide a more in-depth assessment and analysis of reasonability and of costs owed or shared among the parties. Child support calculations will likely include the cost of health insurance and will apply to the overall amount of support ordered. Contact an Orlando FL child support attorney today to find out more. Circumstances which could involve higher prices involve minor children with dire health conditions, or significantly higher incomes of the parties.

Accessible Child Health Insurance Coverage

In order to be considered “accessible,” health insurance must be usable in the county wherein your minor child lives/resides, or it must be applicable in the majority-time-sharing parent‘s county of residence. As is often the case, if the parents enjoy equal 50-50-time-sharing, then the Florida child support health insurance should be usable in both parents’ counties of residence. Essentially, a plan should allow for the minor child to be seen by a physician if and when necessary due to health issues, without the child being rejected based on geography, which could pose a danger to the child’s overall health.

I have endeavored only to provide general guidance based on the Statute. This is not intended to be legal advice, but more so as a skeleton for how the court might render decisions based on Florida child support health insurance. Your individual circumstances will vary greatly just as the incomes and abilities to pay and needs of the payees will change from case to case. My intent is only to help elucidate the Statute and how it provides for some instruction because the Statutes are not always crystal clear to non-lawyers. Call the Jacobs Law Firm to speak with an Orlando FL child support attorney.

This blog article is intended to provide general guidance, but in no way is intended to apply to the specifics of your unique case. All divorce cases and paternity cases are different in some regard. Even uncontested divorces may involve challenges with the support calculations.

Florida Rear End Statute

Posted by JONATHAN JACOBS on December 31, 2017

Florida Rear End Statute

The Florida rear end Statute is terribly vague, and yet it is precise and specific simultaneously. How is this paradox possible and does it make practical sense for the Florida Legislature to have provided such an arguable provision under the law? The Florida rear end statute provides that one driver shall not drive so near another car/driver any more closely than is “reasonable and prudent.” It may be reasonable and prudent to drive closely to another car when stuck in gridlock traffic. It may be reasonable and prudent to drive multiple car lengths away from the car in front of you when driving on the highway at a high velocity. Then again, how far is too far or how close is too close when driving on the non-highway regular roadways? This is a question of fact, circumstance, and the answer may vary in every collision case. This is why the Florida rear end statute is both vague and specific. The Florida rear end statute cannot possibly account for every car accident case in the state, but it can provide guidance for attorneys to argue their client’s case before a judge and jury. Jonathan Jacobs is an Orlando Florida car accident lawyer.

Florida Statute Rear End Collision

The Florida Statute rear end collision further describes how far from motor trucks other motor trucks must follow, and provides guidance on enabling other vehicles to enter or pass on the roadways in the presumed absence of danger.

Moreover, provision/subsection 4 of the Florida Statute rear end collision Statute makes it clear that a violation of this Statute is not per se criminal, rather any violation will be punished as though it is a moving violation. This is an important distinction.

Really, all Florida drivers have a different style of driving because people are unique. Often, following closely may be safe and without any pitfalls. Generally, following too closely however, can lead to the obscuring of what is happening in front of the driver in front of the care in the rear. This leaves very little time for safe driving when circumstances happen lightning quick. That is what can make driving too closely so dangerous.

Orlando Florida Car Accident Lawyer

Jonathan Jacobs is an Orlando Florida car accident lawyer. He has personal experience with being involved in accidents, and is a skilled litigator that can help you win your case. Litigation involves a massive amount of practice and preparation. Litigation involves a great deal of discovery, negotiation, planning, strategizing, and intellectual will.

Florida Rear End Presumption

Posted by JONATHAN JACOBS on December 31, 2017

Florida Rear End Presumption

There is a consistent history of Florida cases that solidify the principle of the Florida Rear End Presumption. Two such cases are Birge v. Charron, 107 So. 3d 350, 352 (Fla. 2012), and Padilla v. Schwartz, 199 So. 3d 516, 517 (Fla. 4^th DCA 2016). The Charron and Schwartz courts both ruled based on the Florida rear end presumption. The Florida rear end presumption is a rebuttable presumption that a party who has rear ended the driver in front of them is the at-fault party in a rear end car crash. Both courts, as well as a number of other Florida courts, have made it clear that the Florida read end presumption id rebuttable. This means that the presumption can be overcome if evidence is presented that sways the court’s opinion. Evidence that the driver in front drove unexpectedly erratically can sway the court’s opinion. Furthermore, evidence that the driver in the rear was not following so closely as to have been driving dangerously or irresponsibly, can help to overcome the Florida rear end presumption. Essentially, if the driver in front was rear-ended because of their own negligence, and not because of the negligence of the driver behind them, the presumption can be rebutted. Now, we move on to the reason for rear end presumption Florida. Jonathan Jacobs is a Clermont Florida Car Accident Attorney.

Reason for Rear End Presumption Florida

In Schwartz, the court points out the reason for rear end presumption Florida exists. The Schwartz court opined that the driver in front cannot possibly always know why the driver behind them was doing when the car occurred. It is not possible for the driver in front to see when the driver behind them is texting while driving, looking away from the road, is distracted, intoxicated, careless, or otherwise negligent. Moreover, the reason for rear end presumption Florida exists is because likewise, the driver behind the driver in front cannot similarly account for the driver in front’s negligence, if any. The driver in front could have been intoxicated, inebriated, texting, looking away, spastic, seizing, or otherwise negligent. This allows for the courts to make a full, fair, and reasonable determination as to who the at fault party was, if any party is to blame more than the other. This may factor in to the court’s apportionment of fault. Florida is a pure comparative negligence state, which provides another reason for rear end presumption Florida. The Jacobs Law Firm, Clermont Florida Car Accident Attorney, can help answer any questions you may have in your accident case.

Clermont Florida Car Accident Attorney

Jonathan Jacobs, Clermont Florida Car Accident Attorney, has experience arguing the Florida rear end presumption. Call us today for your free consultation.

What Does Durable Power of Attorney Mean in Florida

Posted by JONATHAN JACOBS on December 30, 2017

What Does Durable Power of Attorney Mean in Florida

Generally speaking, to answer the question, what does durable power of attorney mean in Florida, testators/principals should be aware that a regular power of attorney in Florida terminates when or if the principal becomes unable to function, or essentially legally and medically incapacitated. Florida Statute 709.2102(4) answers in part what does durable power of attorney mean in Florida because it defines the words durable in the context of death, dying, and incapacity. These are the saddest and most trying of times, but it is crucial that to protect your family in a financial sense, that you exercise your durable power of attorney properly. The Statute provides that regarding a power of attorney, durable cannot be stopped by the principal’s incapacity (vegetative state, brain death, coma, etc.). However, it is ever-clear that hiring a skilled Orange or Lake County Florida Probate Attorney can help you avoid the perils and pitfalls of ambiguous language that can render your Florida durable power of attorney ineffective. The law is full of legalese that can confuse people. Attorneys often interpret obscure/arcane language for their clients to make sure everyone is in the “know,” meaning that the law is clear.

Jonathan Jacobs is an Orange and Lake County Florida Probate Attorney.

Orange and Lake County Florida Probate Attorney

An Orange and Lake County Florida Probate Attorney will be able to understand the principal’s wishes and desires as it relates to their health, incapacity, and directives for the agent designated in the Florida durable power of attorney document(s). This way, the agent can be assured they are affecting the wishes of the principal and not going beyond the directive(s).

Nobody wants to be involved in a lawsuit over exceeding their authority, and all parties surely want not only what is best for the principal, but also what is best for the family as relates to the Florida durable power of attorney given to them as an agent. This sort of responsibility is serious business. It is not to be taken lightly. If a testator wants to grant you durable power of attorney, sit down with them to have an earnest conversation about what that responsibility entails.

If you are doing some estate planning or if you are an agent or a family member in need of legal advice and services regarding Florida durable power of attorney, please contact the Jacobs Law Firm, Orange and Lake County Florida Probate Attorney today. We will aspire to answer your questions and to make you feel confident in your legal representation.

Florida Durational Alimony

Posted by JONATHAN JACOBS on December 28, 2017

Florida Durational Alimony: Length, Caps, and the 35% Rule

Durational alimony is now the centerpiece of Florida spousal support. Since Florida’s alimony reform took effect on July 1, 2023, permanent alimony is no longer available in new cases, and durational alimony which is loosely translated as spousal support for a set period of time, is the primary form of longer-term alimony a divorce court can award. Alimony reform placed firm statutory limits on both how long durational alimony can last and how much it can be barring special circumstances. Jonathan Jacobs is a Clermont and Orlando family law attorney; call Jacobs Law Firm at 407-335-8113 to discuss how durational alimony may apply to your divorce and to explore your

The New Marriage-Length Definitions

How long you were married now matters more than ever, and the reform changed the definitions in Florida Statute 61.08. A short-term marriage is one lasting less than 10 years. A moderate-term marriage lasts between 10 and 20 years. A long-term marriage lasts 20 years or more. The length of the marriage is measured from the date of marriage (look to your marriage license) to the date of filing the petition for dissolution. Unless you and your spouse have a valid separation agreement, do not look to the date of separation in determining the length of your marriage for purposes of awarding alimony.

How Long Can Durational Alimony Last?

The current statute imposes hard caps tied to marriage length. Durational alimony may not be awarded at all for a marriage lasting less than 3 years. For marriages of 3 years or more, the award generally may not exceed:

50% of the length of a short-term marriage
60% of the length of a moderate-term marriage
75% of the length of a long-term marriage

For example, after a 12-year (moderate-term) marriage, durational alimony would generally be capped at 7.2 years, or 60% of the length of the marriage. A court may extend these limits only in exceptional circumstances, applying the statutory factors. For instance, hypothetically, an exceptional circumstance might apply where the recipient of support is caring for a child with a permanent disability or has their own permanent limitation on their earnings capacity. Under no circumstances may the length of a durational award exceed the length of the marriage except in those exceptional circumstances. Case law is always evolving and may test this further as time goes on.

How Much Can Durational Alimony Be? The 35% Rule

Alimony reform also capped the amount a court may award a payee. Durational alimony is limited to the recipient’s reasonable need, or 35% of the difference between the parties’ net incomes, whichever is less. This formula gives divorcing spouses something Florida never had before: a predictable ceiling, though not a certain floor. It does not guarantee an award at that level, rather, the requesting spouse must still prove need and the other spouse’s ability to pay. The court still considers the statutory factors, including the standard of living during the marriage, each party’s age, health, earning capacity, and contributions to the marriage. Alimony is awarded at the discretion of the trier of fact (your family law judge).

When Does Durational Alimony End?

Durational alimony ends on the date set in the final judgment or marital settlement agreement, and it terminates earlier upon the death of either party or the remarriage of the recipient. It may also be reduced or terminated if the recipient enters a supportive relationship, though you may need to file a supplemental action to prove this. The amount of a durational award may be modified upon a substantial change in circumstances, but the length of the award may be modified only under exceptional circumstances.

Durational Alimony Must Be Pleaded and Proven

Florida courts do not award alimony automatically. Your attorney must specifically request it in your pleadings, and the court must make written findings supporting any award, including findings on need, ability to pay, and the statutory factors. Whether you expect to request durational alimony or defend against a claim, organized financial evidence is what wins these cases.

If you have questions about durational alimony after a short, moderate, or long-term marriage, call Jacobs Law Firm at 407-335-8113 or e-mail admin@jjlawfl.com. We serve clients in Clermont, Orlando, Winter Park, and throughout Central Florida.

Florida Rehabilitative Alimony

Posted by JONATHAN JACOBS on December 28, 2017

In deciding whether to award Florida rehabilitative alimony, family law and divorce courts make factual findings that follow the alimony Statute in Florida. Courts often require the moving party (party asking to receive alimony) to produce a Florida rehabilitative alimony plan. This proposed plan should lay out the steps for the rehabilitation of the party that needs training and education, and financial support from the payor (person paying). The purpose of rehabilitative alimony is for the payee to get back on their feet after being in a marital relationship in which their contributions to the marriage (homemaking, children) may have prevented them from developing career training and contemporary job skills in our currently competitive marketplace of/for jobs. If you are seeking a divorce or family law attorney to litigate your Florida rehabilitative alimony case, call the Jacobs Law Firm today about your divorce or family law case, 407-335-8113.

The legal phrasing that the State of Florida utilizes for rehabilitative alimony Clermont or rehabilitative alimony Orlando is the ability to be “self-supportive.” Most people prefer to be self-supportive. They recognize the need to be able to provide for themselves, particularly when the financial security they once enjoyed is no longer available, such as in the case of a marital dissolution after a period of years of support. This brings us to the Florida rehabilitative alimony plan, and at least a general idea of how that operates, knowing that all cases are different and fact-specific.

Florida Rehabilitative Alimony Plan

The court will not order rehabilitative alimony unless there is a particularized Florida rehabilitative alimony plan. To establish the needing party’s ability to be self-supportive, a plan allows for the renewal and redevelopment of job and career skills that the party once possessed. If the party did not work at any time, other arrangements will be made to accommodate even entry-level skills development.

The plan also includes, as you might have just wondered after reading the first part, the opportunity to obtain an education to refresh, refurbish, or acquire the skills necessary to participate in the workforce in a meaningful manner. Modifying alimony is a challenging thing to do from a legal perspective.

Unlike bridge the gap alimony, Florida rehabilitative alimony may be changed or ended if there is either the noncompliance (refusal to participate or choice to ignore the plan) of the needing party, or a substantial change in circumstances. A substantial change in circumstances is legal terminology, which in this case can mean the party has found a good job already. Or, perhaps, they only needed a few credits to graduate and have done so quickly, or any other significant change that may have been unanticipated at the time of the award of rehabilitative alimony.

Read on about other types of Florida alimony: Women pay alimony too! Alimony pendente lite, Short term alimony, Bridge-the-gap alimony, Durational alimony, Florida alimony factors, and Permanent alimony. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida ready to take your call.

Short Term Alimony in Florida

Posted by JONATHAN JACOBS on December 28, 2017

Short Term Alimony in Florida: What’s Available After a Shorter Marriage

If your marriage lasted only a few years, can you receive alimony in Florida? If you are the higher income earner, how exposed are you? Florida’s current alimony Statute 61.08 draws sharp lines based on the length of the marriage. Under today’s laws regarding spousal support, a short-term marriage is defined as a marriage lasting less than 10 years. The length of marriage is measured from the date of marriage to the date the divorce petition is filed. Call Jacobs Law Firm, your Orlando and Clermont alimony attorneys, at 407-335-8113 to find out where your marriage falls and what it means for support.

Alimony Options After a Short-Term Marriage

A shorter marriage limits, but does not eliminate the opportunity to seek and received alimony. The forms of support most relevant after a short-term marriage are:

Temporary alimony (also referred to as pendente lite). Support during the divorce itself (called suit money), is available in marriages of any length. This is available to ensure the financially dependent spouse can maintain stability while the case is pending. It ends at final judgment and likely with a more substantial award.

Bridge-the-gap alimony. Bridge-the-gap alimony is short-term financial help for spouses transitioning from married to single life. In real-life practical terms, it covers identifiable, short-term needs like a security deposit for a rental apartment, a vehicle, or living expenses while securing employment. It is capped at two years and cannot be modified.

Rehabilitative alimony. Support tied to a concrete written plan to redevelop earning capacity by finishing a degree, obtaining a license or certification, or retraining for a lateral job move. It is capped at five years and requires a specific, defined plan that should be included with the marital settlement.

Durational alimony. This is where marriage length hits the hardest. Durational alimony is not available for marriages under 3 years. For short-term marriages of 3 to under 10 years, a durational award generally may not exceed 50% of the length of the marriage. For example, a 6-year marriage caps durational alimony at roughly 3 years. The amount is further limited to the recipient’s reasonable need or 35% of the difference in the parties’ net incomes, whichever is less. Sometimes shrewd litigators will ask for the maximum without justification.

Need and Ability to Pay Still Come First

No form of alimony is automatically awarded. The spouse requesting support must prove an actual need, and that the other spouse has the ability to pay, before the court even reaches the question of type, amount, and duration. In shorter marriages, courts also look hard at the standard of living, what each spouse contributed, whether one spouse sacrificed career opportunities, and each spouse’s realistic earning capacity going forward. A two-income marriage of five years with no children looks very different from a seven-year marriage where one spouse left the workforce to raise a child.

Strategy for Payors and Recipients

For potential recipients, the key is specificity: courts respond to documented transition costs and concrete rehabilitative plans, not generalized requests which can be viewed as overreaching. For potential payors, the statutory caps provide real protection. This is why it is important to cause the other side to meet its burden of proof and ensures any award is properly structured and supported by written findings. In many short-term marriage divorces, alimony is resolved by negotiation, sometimes as a modest lump sum in exchange for finality, which can be cheaper than litigating. A bird in the hand philosophy here.

Talk to a Florida Alimony Attorney

Whether you are seeking support after a shorter marriage or defending against a claim you believe is excessive, the current statute gives both sides clearer rules than ever before. Call Jacobs Law Firm at 407-335-8113 or e-mail admin@jjlawfl.com. We represent clients in Orlando, Winter Park, Clermont, and throughout Central Florida, and we offer flat fee and payment plan options in qualifying cases.

Florida Bridge the Gap Alimony Video

Posted by JONATHAN JACOBS on December 27, 2017

Florida Bridge-the-Gap Alimony: Short-Term Support for the Transition to Single Life

Bridge-the-gap alimony is exactly what it sounds like: support that “bridges the gap” between married life and single life. This form of temporary spousal support survived Florida’s 2023 alimony reform intact and remains one of the four forms of alimony a court may award under Florida Statute 61.08. The other three forms of alimony a court may order are temporary, rehabilitative, and durational alimony. If you are divorcing in Orlando, Winter Park, or Clermont or anywhere in Central Florida, and need help with the financial aspects of your case, call Jacobs Law Firm at 407-335-8113.

What Bridge-the-Gap Alimony Covers

Bridge-the-gap alimony is designed to assist a spouse with legitimate, identifiable short-term needs. The phrase “identifiable short-term needs” is the key: this is not open-ended support, and it is not meant to equalize lifestyles for years. Typical short term needs include first and last month’s rent and a security deposit on a new residence (move-out money), a reliable car, furniture (beds, couches, etc.) and household necessities, living expenses while the marital home sells or is refinanced, or covering bills during a job search after years out of the workforce. The requesting spouse should be prepared to prove/itemize their alleged needs with provable numbers courts respond to a concrete transition budget, not a vague request for help.

The Two-Year Cap and Non-Modifiability

Two rules make bridge-the-gap alimony unique. First, an award may not exceed two years. Second, once ordered, it is not modifiable by either party in either amount or duration. If the payor loses their job, the obligation continues; if the recipient’s needs grow, the award cannot be increased. That finality cuts both ways and makes careful drafting essential before the final judgment is entered. Bridge-the-gap alimony terminates automatically upon the death of either party or the remarriage of the recipient.

Who Receives Bridge-the-Gap Alimony?

Like all Florida alimony, bridge-the-gap requires proof of one spouse’s need and the other’s ability to pay before the court considers the statutory factors. It is more common after shorter marriages, where durational alimony is capped or unavailable (durational alimony cannot be awarded for marriages under 3 years), and in cases where the dependent spouse is employable but needs a runway to reestablish independent footing. It can also be combined with other forms of alimony, for example, a modest bridge-the-gap award for immediate transition costs alongside rehabilitative alimony tied to a retraining plan which could last for up to five years.

Bridge-the-Gap vs. Rehabilitative Alimony

Clients often confuse the two forms of alimony and with good reason. Bridge-the-gap funds the transition to single life where the recipient spouse needs new housing, transportation, immediate living costs, and with no plan required, which is capped at two years, and is unmodifiable. Alternatively, rehabilitative alimony funds the redevelopment of earning capacity from education, training, credentialing, and requires a specific written rehabilitative plan, which may last up to five years, and can be modified or terminated if circumstances change or the plan is completed or abandoned. The right form of alimony depends on whether the need is logistical or vocational, and a well-negotiated settlement sometimes uses both.

Negotiating Bridge-the-Gap Awards

On account of the fact the award cannot be changed later, both sides should pressure-test the number before agreeing. Recipients should build a realistic transition budget with documentation. Payors should insist the award is tied to genuinely identifiable needs and structured with monthly payments or a lump sum. In uncontested divorces, a clearly defined bridge-the-gap award is often the cleanest way to resolve a modest support claim without ongoing entanglements with the court.

For help requesting, defending against, or negotiating bridge-the-gap alimony, call Jacobs Law Firm at 407-335-8113 or e-mail admin@jjlawfl.com. We serve Orlando, Winter Park, Clermont, and all of Central Florida.

Clermont Alimony Attorney

Posted by JONATHAN JACOBS on December 27, 2017

Alimony in Orlando Florida and alimony in Clermont FL (Orange County and Lake County) involves the court’s determination of whether one of the parties is able to pay alimony (the payor), and if the other party has a need for alimony (the payee). This determination funnels through Florida’s alimony statutory factors based on the circumstances of the parties’ marriage and the financial portrait shown by the attorneys at trial. Jonathan Jacobs is an Orlando alimony attorney, and a Clermont alimony attorney that provides in depth analysis of the parties’ financial portfolios in making factual determinations as to how much the parties may be responsible for when paying or receiving alimony in Orlando Florida or alimony in Clermont FL. Florida’s alimony Statute is 61.08 and its subsections tell us a great deal about how much the parties may be owing or receiving and how the court may rule. Consider also the alimony factors in Orlando Florida that may be involved in the family law financial calculations. Call 407-335-8113 to speak with an alimony attorney.

Alimony Factors in Orlando Florida | Orlando Alimony Attorney

Once the court has done its factfinding regarding the parties’ ability to pay and/or need for alimony, the court hears arguments on various alimony factors in Orlando Florida when making its considerations. Pursuant to the Statute, one major alimony in Orlando factor the court considers is the parties’ standard of living during the time they were officially married. This means that if the wife was the proverbial breadwinner, and by virtue of her hard work and long hours on the job, the husband was able to live in a nice house, use a luxury car, and have luxuries and amenities, the court may consider this factor in its award (if any) of alimony. The roles could easily be reversed if it were the husband working 50+ hours a week to provide for the family and the wife were the party benefiting from his laborious routine. There is no one size fits all scenario, which is why there are alimony factors in Orlando Florida, and why there are factors instead of bright-line rules. Be careful when analyzing a potential alimony award. Alimony is not based on a magic formula in the absence of facts.

Alimony Factors in Orlando Florida: Alimony in Orlando Florida and Alimony in Clermont FL

The court will also consider the length of the marriage. In another article, we elaborate on the duration of marriage and how it may impact the alimony amount awarded. For now, generally speaking, the court will assess the time the parties were married and categorize (based on attorney arguments and evidence presented) the alimony award to correspond with the length of the marriage. Among the other reasons marital assets are heavily scrutinized in a dissolution of marriage case, is because the court analyzes both marital and nonmarital assets in arriving at an alimony determination.

Perhaps the most interesting of Statutory alimony factors in Orlando Florida are the parties’ contributions to the marriage and earning capacities. With alimony in Orlando, the goal is of course for both parties to be self-sustaining to the extent possible, but it is interesting to learn how the parties structured their marriage to allow for one or both parties to maximize their earnings, even if that meant some measure of self-sacrifice.

Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony.

What about child support health insurance? Divorce mediation? We address those topics as well.

Does Child Support Automatically Stop When Child Turns 18 in Florida

Posted by JONATHAN JACOBS on December 20, 2017

The best way to analyze the question of “does child support automatically stop when child turns 18 in Florida” is by understanding and interpreting the Florida Child Support Statute. When a child reaches 18, which is known as the age of “majority” in Florida, child support terminates with a court order or perhaps automatically under certain circumstances. Child support may also stop automatically if the Department of Revenue is abiding by its own order. However, Florida Statute 743.07(2) provides at least three exceptions to this general rule. Attorney Jonathan Jacobs is a child support lawyer in Orlando and a child support lawyer in Clermont Florida that offers legal help to great people when they need someone to fight for them. Can I stop paying child support when Child turns 18 in Florida? Provided your parenting plan and child support guidelines allow for a stoppage without court intervention, the answer could be yes. Call 407-335-8113 for legal help today.

A Florida court may exercise its judicial discretion (upon the presentation of competent and substantial evidence warranting such a showing) impose a child support order that goes beyond a child’s 18th birthday. This can happen if the child is mentally or physically incapacitated or has not yet graduated from high school but has a reasonable expectation of graduating before turning 19. Such a mental or physical incapacity must have originated (existed) prior to the child turning the age of majority (18 in Florida). Examples of such incapacity must be proven to the court, which could include lengthy hearings involving the presentation of evidence justifying such an exception to the general rule. Attorney Jonathan Jacobs is a child support lawyer lake county Florida, and child support lawyer Orange County Florida. It is important to address another popular question of can I stop paying child support when child turns 18 in Florida?

Can I Stop Paying Child Support When Child Turns 18 in Florida?

To answer the question of can I stop paying child support when child turns 18 in Florida, we look to the second statutory exception to the general rule of termination. The second exception to the general rule of termination of child support upon the child’s 18th birthday, is if the child is still enrolled in high school and has a reasonable expectation (high probability, in all likelihood) of graduation by the age of 19, child support payments may be extended for approximately one year, or until graduation. The Rule itself provides that child support cannot be extended if the child is dilly-dallying and failing to advance in school, or has dropped out and seeks to later re-enroll. If the child is working hard toward obtaining a high school diploma, and reasonable circumstances have caused a late graduation, then child support payments may be extended in such a circumstance.

Child Support Lawyer Lake County Florida, Child Support Lawyer Orange County Florida

Another answer to can I stop paying child support when child turns 18 in Florida, is provided by the third exception to the general rule that child support terminates upon the child’s 18^th birthday. A payor of child support can stop if or when the parties agree to a separate arrangement. The court does not have to authorize this arrangement, but some parties stringently refuse to accept payments in exchange for maximum timesharing (i.e. the other party receiving no contact and no timesharing with the child). Generally, this may require a termination of parental rights and a concurrent adoption by another parent. Child support arrears are often bargained in return for such timesharing arrangements.

Does Child Support Automatically Stop when Child Turns 18 in Florida

Remember, that the Department of Revenue, like many agencies, will continue enforcing an existing order unless there has been a Motion to Terminate Child Support. If the support payments are made through an income deduction ordered imposed by the DOR, a Motion to Vacate the Income Deduction Order may be required. Therefore, to answer this question, does child support automatically stop when child turns 18 in Florida, it is important to note that the DOR generally requires official notice to terminate, even if the child is 18 years of age, and by statute should no longer be eligible for child support. This ensures that payments are made until the statute no longer governs upon the minor child’s 18^th birthday, unless otherwise specified in the order. This rule is intended to protect minor children.

Contact the Jacobs Law Firm, child support lawyer Lake County Florida, child support lawyer Orange County Florida today to find out more about your obligations. Can I Stop Paying Child Support When Child Turns 18 in Florida? Does Child Support Automatically Stop When Child turns 18 in Florida? The Statute answers both of the central questions at least in a general sense, not taking into account the specifics of your case.

Do you need information on domestic violence and child custody? Parenting plans in Florida? Social media’s impact on divorce? Divorce mediation? Child support health insurance? Florida Alimony and Family Law? Click on any of our articles and visit our Florida Law Blog. The Jacobs Law Firm offers help when you need a child support lawyer Lake County Florida, or a child support lawyer Orange County Florida.