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Legal Information: Florida

Statutes: Florida

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October 6, 2023

61.31. Amount of support for a dependent adult child

(1) In determining the amount of support to be paid after a dependent adult child as defined in s. 61.1255(2)(a) reaches the age of 18, the specific terms and conditions of such support, and the rights and duties of both parents with respect to the support, the court shall determine and consider all of the following:

(a) The dependent adult child’s income and assets.

(b) Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity.

(c) Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult child himself or herself.

(d) The financial resources available to each parent for the support, care, and supervision of the dependent adult child.

(e) Any other financial resources or other resources or programs available for the support, care, and supervision of the dependent adult child.

(2) The court may irrevocably assign the support to a special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits.

(3) In making its decisions, the court shall consider:

(a) Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and

(b) The effect that the court-ordered support would have on the dependent adult child’s eligibility for such programs and benefits.

(4) The court may not order support that will cause ineligibility for programs in which the dependent adult child currently participates, or programs and services for which the dependent adult child is reasonably expected to become eligible upon reaching the age of majority.