JAMES H. CYR, SR., APPELLANT,
v.
SHIRLEY D. CYR, APPELLEE
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Florida appellate court reversed the trial court's authority to extend child support beyond age 18 without case-by-case determination of dependency at majority.
A trial court lacks authority to automatically extend child support beyond a child's 18th birthday based on enrollment in higher education; dependency beyond age 18 must be determined individually at the time each child reaches majority.
[1] A trial court lacks authority to automatically extend child support obligations beyond a child's 18th birthday based on prospective enrollment in higher education; the co…
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage, the trial court awarded custody of three children (ages 8, 6, and under 2) to the mother and ordered the father to pay $…
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SCHEB, Judge.
Appellant husband challenges provisions of a final judgment of dissolution awarding custody of the children (ages 8, 6, and just under 2 years) to appellee wife, and requiring him to pay $25 a week support for each child.
The trial judge included the following language in the final judgment:
This order shall be extended to any child at the time age 18 is attained, is currently enrolled or shortly thereafter shall be enrolled in any institution of higher learning not having been married, shall continue the child support payments until such time that the said child completes, terminates, marries, or is deceased or reaches the age of 21 years.
Appellant contends the trial court was without authority to require child support after the 18th birthday of each minor child. We agree. Kowalski v. Kowalski, 315 So. 2d 497 (Fla.2d DCA), cert. dismissed, 319 So. 2d 31 (Fla.1975). Of course, under Section 61.13, Florida Statutes (1975), the trial court retains continuing jurisdiction to modify the amount or terms of support payments for children. Whether a child is a dependent beyond the age of 18 years should be determined by the court, if requested, at the time of attainment of majority by each child. Baldi v. Baldi, 323 So. 2d 592 (Fla.3d DCA 1975). See also Section 743.07(2), Florida Statutes (1975).
We have examined appellant’s other contentions and find them to be without merit.
Accordingly, the quoted language is hereby elided and, as amended, the final judgment is affirmed.
GRIMES, Acting C. J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nicolay v. Jacquelyn Ann Nicolay, 387 So. 2d 500 (Fla. 2d DCA 1980)…Fla. 2d DCA 1976). On the other hand, later opinions of this court, while not explicitly so holding, have moved toward a notion that a court could order a parent involved in a dissolution proceeding to support an adult child in college. Cyr v. Cyr, 354 So. 2d 140 (Fla. 2d DCA 1978), considered a situation where a husband was ordered to pay $25 a week support for each of his three young children. The trial court further stated that the order would be extended to any child at the time he attained age eighteen…
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Elebash v. Elebash, 450 So. 2d 1268 (Fla. 5th DCA 1984)…child as a relevant factor? Does this abolish the “tender years" doctrine? . Whether a child is a dependent beyond the age of 18 years should be determined by the court, if requested, at the time of attainment of majority by each child. Cyr v. Cyr, 354 So. 2d 140 (Fla. 2d DCA 1978).…
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Sprunger v. Sprunger, 534 So. 2d 925 (Fla. 4th DCA 1988)…t a finding of dependency, and support thereon, may be made in' a dissolution hearing. See Finn v. Finn, 312 So. 2d 726 (Fla.1975); Fagan v. Fagan, 381 So. 2d 278 (Fla. 5th DCA 1980); George v. George, 360 So. 2d 1107 (Fla. 3d DCA 1978); Cyr v. Cyr, 354 So. 2d 140 (Fla. 2d DCA 1978); Baldi v. Baldi, 323 So. 2d 592 (Fla. 3d DCA 1975). Dissolution proceedings provide a logical forum for the resolution of support and dependency issues involving the children of the parties. See section 61.13, Florida Statutes. J…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kowalski v. Kowalski, 315 So. 2d 497 (Fla. 2d DCA 1975)
- Baldi v. Baldi, 323 So. 2d 592 (Fla. 3d DCA 1975)
- Johnson v. Cubenas, 319 So. 2d 31 (Fla. 1975)
- Kowalski v. Kowalski, 319 So. 2d 31 (Fla. 1975)