If my ex wife files a motion to have child support continued after his 18th birthday due to his Asperger's Syndrome will she win in court?

Dear Anonymous:        Although Florida law provides that child support terminates upon a child's 18th birthday, or up to the child's 19th birthday if the child is in high school, living at home, and there is a reasonable expectation of graduation before the child's 19th birthday, Section 743.07, Florida Statues also allow support to be extended beyond age 18 where a child is dependent due to mental or physical incapacity that began prior to age 18.        The question for the court becomes what are the specific circumstances of your son's Asperger's syndrome that would justify (or not) an extension of child support.         The cases in Florida interpreting this statute define different levels of incapacity, and what would govern in your case will depend, first and foremost, on whether you son could become independent and self supporting after age 18, and second,  how  the Florida district courts in your area have interpreted what "dependency"  means.         Since your ex- wife will be the person to file the case, she will have the burden to show your son cannot act independently.  Hopefully, he will be able to function on his own, not only so that your child support will end, but that he will become an independent adult.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785