WHEREAS, unless otherwise provided in a child support order, clerks of court acting as local depositories normally terminate the assessment of child support upon the youngest child reaching the age of majority (18), and
WHEREAS, there are instances where a child support order provides that the support obligation continues beyond a child’s 18th birthday if the child remains in high school or equivalent institution, as outlined in § 743.07(2), Florida Statutes, and
WHEREAS, some parties may wish to continue the support assessment according to the terms of the child support order without seeking a judicial determination that the school continuation condition has been met, and
WHEREAS, in order for a local depository to continue the assessment in such cases, sufficient information must be provided indicating that the child will remain in school beyond his/her 18th birthday;
NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that if a child support order provides that the support obligation is to extend beyond the minor’s 18th birthday if that child remains in high school or equivalent schooling, one or both parties may execute an affidavit of continuing support. Said affidavit must include the anticipated graduation date from the school of attendance, and state that the school continuation condition has been met. If only one party executes such an affidavit, official documentation of the child’s anticipated graduation date from the school of attendance must be included. Upon completion of the affidavit along with documentation from the school of attendance and submission to the clerk of court as local depository, the clerk will continue or reinstate the child support assessment according to the terms of the current support order. The aforementioned affidavit must be in a format substantially similar to that attached hereto as Attachment A (PDF).
IT IS FURTHER ORDERED that an affidavit of continuing support must include the notarized signature of one or both parties, and if only one party executes the affidavit he/she must certify that a copy was provided to the other party (or mailed to the other party’s last known address).
Nothing in this Order shall be construed to limit a judge’s ability to determine, modify or eliminate the conditions for continuation of child support or to modify prior orders.
TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 22nd day of May 2009.
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