Child support in Florida is a court-ordered financial obligation from one parent to another for the care of their child. Many parents wonder if this arrangement can be ended. This article explains the valid reasons for terminating child support and the legal process involved under Florida law.
Unilateral Cancellation of Child Support by a Mother
A mother cannot unilaterally cancel a child support order in Florida. Child support is established by a court order that is legally binding on both parents and can only be changed or terminated by a judge.1The Florida Senate. Florida Statutes § 61.13 The support is legally considered the right of the child, not a benefit for the parent to waive on their own.
Informal agreements between parents to stop payments, whether verbal or written, are not legally enforceable and do not officially end the support obligation. The original court order remains active, and the paying parent’s debt will continue to accumulate despite any informal agreement. The state or the receiving parent could later seek to enforce the original order and collect all unpaid amounts.
Recognized Legal Grounds for Child Support Termination
A court will only terminate a child support obligation for a legally recognized reason. The most common is the child reaching the age of 18. However, if the child is still in high school and reasonably expected to graduate before turning 19, the support obligation may continue until graduation.2The Florida Senate. Florida Statutes § 743.07
Other valid grounds for termination include the legal emancipation of the child before they turn 18, the adoption of the child by someone else, or the death of the child or the paying parent. In the case of the paying parent’s death, payments may be sought from their estate. A court may also terminate support if there has been a substantial, material, and permanent change in circumstances, such as the paying parent becoming the majority time-sharing parent.
Required Information and Documentation for Termination Petition
Before filing to terminate child support, a parent must gather specific documents. A complete copy of the current child support order is necessary, along with proof that supports the reason for termination, such as the child’s birth certificate, a high school graduation notice, an emancipation order, or an adoption decree. The full legal names, birth dates, and last known contact information for both parents and the child are required for the court paperwork.
If there are any past-due child support payments (arrears), the amount should be determined. The primary form used is the “Supplemental Petition for Modification of Child Support,” which is available on the Florida State Courts’ self-help website or from the clerk of court.
Filing for Child Support Termination in Court
The completed petition must be filed with the circuit court that issued the original order, which involves a $50 filing fee. After filing, the other parent must be formally notified through “service of process,” requiring a sheriff’s deputy or private process server to deliver the documents.3Florida Rules of Civil Procedure. Rule 1.070 Process
The other parent then has 20 days to file a formal response.4Florida Rules of Civil Procedure. Rule 1.140 Defenses If they agree with the termination or do not respond, the process may proceed as an uncontested matter, potentially without a hearing. If the other parent contests the termination, the court may order mediation. If mediation is unsuccessful, a court hearing will be scheduled where a judge will hear evidence and issue a new order.
Addressing Past Due Child Support (Arrears) After Termination
Terminating future child support payments does not automatically cancel any past-due support, known as arrears.5The Florida Senate. Florida Statutes § 61.14 This amount remains a legally enforceable debt owed to the receiving parent or, in some cases, to the state. Collection efforts for arrears can continue even after a judge ends the ongoing support obligation.
The final court order that terminates child support should address how any existing arrears will be handled to prevent future conflicts. Parents may negotiate a settlement for the arrears, which can then be approved by the judge and included in the final order. While a parent might ask the court to forgive or reduce arrears, this is rarely granted. Without a specific provision in the court order, the full amount remains due.