Support for Dependent Adult Children
This bill aims to codify existing common law regarding parental support obligations and introduces structured court procedures for establishing such support. Notably, it ensures that support can be ordered even after the dependent adult child turns 18 and that the court must consider the individual child's financial needs and eligibility for government benefits. This provision is particularly significant for families relying on means-based support programs, as the court is directed to avoid ordering support that would jeopardize the child's eligibility for these benefits.
House Bill 813 addresses the establishment of support for dependent adult children in Florida. It creates section 61.1255 of Florida Statutes to clarify the obligations of parents to provide support for their dependent adult children, defined as unmarried adults incapable of self-support due to physical or mental incapacity. The legislation also mandates the procedures for filing civil suits in circuit court for determining support payments, which may be initiated by the dependent adult child, their guardian, or representatives.
The sentiment surrounding HB 813 seems to lean towards a positive view, focusing on the welfare of dependent adults. Proponents of the bill argue that it strengthens protections for vulnerable adults by ensuring that necessary support is available. However, the bill does introduce complexities regarding the role of guardians, which may require careful navigation in court proceedings. Overall, stakeholders acknowledge the necessity of the bill, recognizing the challenges faced by families of dependent adult children.
While the bill generally enjoys support, there may be concerns regarding the responsibilities placed on guardians to initiate civil suits for support without a mandated obligation to pursue such actions. Furthermore, the bill delineates a framework for court involvement in establishing support which some advocates worry could lead to bureaucratic challenges for families during what is often a sensitive time. Additionally, the exclusion of the Department of Revenue from involvement in support order petitions has led to discussions about maintaining proper oversight in such matters.