Third District Court of Appeal of Florida
841 So.2d 484 (Fla. Dist. Ct. App. 2003)
Jean Hastings (defendant) and Lawrence Hastings (plaintiff) divorced in 1953. The Hastingses had a child (defendant) who had been diagnosed with and begun treatment for Asperger’s syndrome at the age of eight years. In the divorce decree, Lawrence was ordered to pay child support until the child was 21 years old, the age of majority at the time. After the child turned 21 years old, Jean alone supported the child. In 2001, Lawrence filed a petition for a declaratory ruling with respect to his continuing support obligations, if any, for the child. The child was 50 years old at the time of the petition. Jean and the child filed a counterclaim, arguing that the child was entitled to support from Lawrence based on a Florida statute that, under a savings clause, reserved any common-law right to support for an adult child who was dependent due to mental or physical incapacity that had manifested while the child was a minor. The trial court granted summary judgment to Lawrence. Jean and the child appealed.
Rule of Law
Holding and Reasoning (Fletcher, J.)
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