Two questions arrive in our Melbourne office with equal frequency and opposite emotions: “Can I make my ex help with college?” and “Do I have to keep paying support forever for our disabled son?” Florida’s answers surprise people in both directions — college is mostly a no, and adult disabled children are an important yes with a 2023 statute behind it. Here is where child support actually ends, and where it does not. From The Law Office of John Vernon Moore, P.A.
The Default: Support Ends at 18 — Mostly
Florida support obligations run to age 18, with one automatic extension: a child still in high school with a reasonable expectation of graduating before 19 is supported through graduation. Beyond that, Florida is blunt where other states are not: no court can order a parent to pay for college or support a healthy adult child. The judge has no power to compel tuition contributions, however prosperous the parent or deserving the student.
College by Contract: The Exception You Write Yourself
What the court cannot impose, parents can agree to — and agreements are enforceable as contracts. A marital settlement agreement that commits the parents to sharing college costs binds them, and Florida courts enforce those provisions for decades after the divorce. Which makes drafting precision everything. Strong college clauses define: what is covered (tuition, housing, meal plans, books — and at what benchmark, commonly capped at in-state university rates); how costs divide; conditions (full-time enrollment, minimum GPA, degree time limits); how 529 accounts are owned, controlled, and spent (including what happens to the balance if a child skips college); and an outer age limit. Vague clauses — “the parties shall assist with college as they are able” — enforce poorly and litigate expensively. If you are negotiating a settlement now with young children, this is a paragraph worth an extra hour of thought; if your existing agreement has a college clause and a freshman on the horizon, read it this year, not at orientation.
Adult Disabled Children: Support That Continues
The far more consequential exception: support continues past 18 for a child whose mental or physical incapacity began before age 18 and leaves them dependent. Florida strengthened this framework in 2023 with § 61.1255, which channels adult-dependent support petitions and — critically — allows the petition to be filed before the child turns 18 (and in specified circumstances after), so the obligation continues seamlessly rather than lapsing and restarting. Support for adult dependent children is calculated with attention to the child’s needs, government benefits, and each parent’s ability — and it interacts intricately with SSI, Medicaid waiver programs, and the child’s eligibility for means-tested benefits. That interaction is why these orders should be designed alongside special needs planning: support paid carelessly can reduce benefits dollar-for-dollar, while support routed through a properly structured special needs trust preserves both. Our estate planning practice builds these structures in-house with the family law team — one of the places our combined 89+ years across both disciplines earns its keep.
Timing Traps on Both Ends
For disabled-child families: calendar the 18th birthday years out — the § 61.1255 petition belongs on file before majority, with the evidentiary record (diagnoses, functional assessments, benefit determinations) assembled in advance. For paying parents: support does not self-terminate — when the youngest child ages out, the income deduction keeps running until the order is addressed, so file to terminate or recalculate on schedule; and where multiple children share one order, each age-out is a recalculation event, not an automatic proration. For recipients: arrears that accrued during minority remain fully collectible after the child is grown — aging out ends accrual, never the debt.
Frequently Asked Questions
My ex earns $300,000 and refuses to help with our daughter’s tuition. Nothing I can do?
Not through the court, absent an agreement — Florida gives judges no college-support power. Check your settlement agreement first; a forgotten clause is the most common happy ending to this question.
Our son was diagnosed with a severe disability at 16. Does support continue after 18?
Very likely yes — incapacity beginning before 18 supports continued adult support, and the petition should be filed before his birthday. Bring the medical and benefits records to a consultation soon.
Who controls the 529 plan after divorce?
Whoever the agreement says — which is why ownership, contribution duties, and permitted uses belong in the settlement. An unaddressed 529 owned by one parent is legally that parent’s asset.
Does my child’s part-time job or SSI reduce adult-dependent support?
Both factor into the needs analysis, and SSI interaction is exactly where careless orders cost families benefits — structure the support with benefits counsel at the table.
Endings and Exceptions, Handled Precisely
Whether you are drafting the college clause your kids will thank you for or securing lifelong support for a child who needs it, call (321) 529-7777 or contact us online for a free 30-minute consultation.