Understanding Support for Dependent Adult Children in Florida
By: Kyle M. Morgan
Effective July 1, 2023, Florida's family law landscape has been significantly reshaped with the enactment of § 61.1255, Fla. Stat. This legislation codifies the existing obligation of parents to provide financial support for dependent adult children (DAC) after they reach the age of 18, clarifying and reinforcing common law and case law that previously governed these matters.
The new statute defines a “dependent adult child” as an unmarried adult who cannot support themselves due to physical or mental incapacity that began before turning 18. This definition underscores the state’s recognition of the unique needs of these individuals and the responsibilities of their parents.
One of the primary goals of this legislation is to create a clear procedural framework for establishing DAC support. If there is an existing support case, parents can agree in writing to provide support for their DAC, and this agreement must be submitted to the court for approval before the child turns 18. This proactive approach allows families to formalize support arrangements in advance and may also help streamline related probate matters, should they arise.
If parents cannot reach an agreement, a civil suit can be filed in the circuit court where the DAC resides, starting from the child's 17 years and 6 months of age. It’s crucial to note that support cannot be established under the ongoing jurisdiction of the minor child's support case. This means that if a court order for support existed prior to the child reaching adulthood, parents can extend this support by written agreement.
The legislation also clarifies who can initiate support proceedings: the DAC, their durable power of attorney agent, a guardian, or a parent acting on the DAC's behalf. Any support ordered after the DAC turns 18 will be directed to the DAC, and a portion can be allocated to a special needs trust or pooled trust for their benefit. If you anticipate that the proceedings may be contested, it is advisable to seek the assistance of an attorney as early as possible.
Additionally, the bill sets specific guidelines for the court to consider when determining DAC support, ensuring a consistent method for handling these cases across Florida. Families should also consider how Social Security benefits may play a role in the DAC’s overall financial support plan. Furthermore, establishing or contributing to a special needs trust can be a valuable tool in protecting and managing assets for the DAC’s long-term care and financial stability.
These changes are designed to provide families with clarity and support, ensuring that dependent adult children receive the financial assistance they require as they transition into adulthood. If you have questions about how these updates may affect your family situation, our experienced legal team is here to guide you through the process.
