SHARON SMART MILLER, APPELLANT,
v.
HARRY THOMAS SMART, JR., APPELLEE
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The court held that the statute allows for child support extension past 18 if the child is dependent due to mental/physical incapacity or is still in high school before age 19.
The former wife sought to extend child support for her son past age 18 due to alleged emotional problems. The trial court denied the extension, findin…
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COBB, Judge.
The issue on this appeal concerns the correct interpretation of section 743.07(2), Florida Statutes (1991). The parties’ marriage was dissolved in 1987 and on February 26, 1992, the former wife filed a supplemental petition for modification of the final judgment basically alleging changed circumstances and asking for increased child support payments for her two children. Additionally, the former wife requested an extension of child support for her son, since it was alleged that he had “severe emotional problems” and would soon "turn 18.
The trial court increased the child support for the two children, but denied the former wife’s request to extend the son’s child support past age 18, finding that the statutory criteria had not been adequately met:
D. That although the former wife was able to show i) mental illness of the child, Thomas Smart, ii) that such mental illness commenced prior to the child’s reaching 18 years of age, and iii) that due to such mental illness, the child remains dependent upon the former wife for support, the statutory criteria for continuing child support past the age of 18 years for the child, Thomas Smart, has not been met because it was not shown that this child would graduate high school prior to reaching the age of 19 years....
The former wife contends, and we agree, that section 743.07(2) creates two separate situations upon which child support may be extended beyond the age of 18. First, where a child is dependent due to mental or physical incapacity that began prior to age 18 and secondly, where a child is, in fact, dependent but still in high school and attempting to graduate before age 19.
Accordingly, the final judgment on modification is reversed in part and remanded for reconsideration of the extension of child support. The trial court will also need to revisit arrearages. The final judgment is affirmed in all other respects.
AFFIRMED IN PART; REVERSED IN PART.
W. SHARP and GOSHORN, JJ., concur.
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Carres v. Good-Earnest, 838 So. 2d 577 (Fla. 4th DCA 2002)…stating that although the legal duty of a parent to support a child generally ceases at the age of majority, there is a continuing duty on a parent to care for an adult child suffering from physical or mental disabilities); see also Miller v. Smart, 636 So. 2d 836 (Fla. 5th DCA 1994)(explain-ing that a child’s support payments may be extended beyond age eighteen where the child is dependent due to mental or physical incapacity that began prior to age eighteen). The husband also attempts to challenge that po…