SUPPORT FOR ADULT DEPENDENT CHILDREN

Question 1

CRITERIA FOR USE OF STATUTE

Answer 1

1. Unmarried
2. Incapable of self-support due to physical or mental injury that began PRIOR to 18th birthday.

Question 2

Prior case authorizing extension of support

Answer 2

Perla 58 So. 2d 689 (Fla. 1952)

Question 3

Where to file?

Answer 3

Circuit Court where Dependent Adult Child (ADC) resides.

Question 4

Who can petition?

Answer 4

1. By agreement-DPOA
2. Parent or other adult
3. Guardian Advocate if right to sue or defend has been removed.

Question 5

Who cannot petition?

Answer 5

DOR

Question 6

When?

Answer 6

After 17.5 years of age unless other order does not exist. CAN stipulate to extend before 18. Review order before turning 18 if there is a pre-existing order.

Question 7

Caveat?

Answer 7

Can file at any age if disability existed before 18.

Question 8

Who receives the support?

Answer 8

1. Adult Dependent Child (ADC)
2. Guardian Advocate
3. Guardian
4. Special trust.

Question 9

How much support?

Answer 9

61.30 DOES NOT APPLY!
61.31 ONLY for DAC
Based on need and ability to pay–allows for flexibility to preserve entitlement to government benefits. The court CANNOT order support that would cause the child to lose benefits.

Question 10

Considerations for setting support.

Answer 10

1. DAC’s income and assets.
2. Any existing and future needs of DAC
3. Whether parent or other person pays for or will ay for the care or supervision of the DAC or will provide substantial care or personal supervision of the DAC.
4. The financial resources of each parent for the support, care and supervision of the DAC.
5. Any other financial resources or programs available for the support, care or supervision of the DAC

Question 11

How to modify?

Answer 11

Chapter 742.06 applies.

Question 12

Modification/Enforcement

Answer 12

Chapter 61 SDAC see provisions.