Florida Statute 61.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.31

61.31 Amount of support for a dependent adult child.—

(1) In determining the amount of support to be paid after a dependent adult child as defined in s. 61.1255(2)(a) reaches the age of 18, the specific terms and conditions of such support, and the rights and duties of both parents with respect to the support, the court shall determine and consider all of the following:

(a) The dependent adult child’s income and assets.

(b) Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity.

(c) Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult child himself or herself.

(d) The financial resources available to each parent for the support, care, and supervision of the dependent adult child.

(e) Any other financial resources or other resources or programs available for the support, care, and supervision of the dependent adult child.

(2) The court may irrevocably assign the support to a special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits.

(3) In making its decisions, the court shall consider:

(a) Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and

(b) The effect that the court-ordered support would have on the dependent adult child’s eligibility for such programs and benefits.

(4) The court may not order support that will cause ineligibility for programs in which the dependent adult child currently participates, or programs and services for which the dependent adult child is reasonably expected to become eligible upon reaching the age of majority.

History.—s. 5, ch. 2023-213.

F.S. 61.31 on Google Scholar

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Amendments to 61.31

Arrestable Offenses / Crimes under Fla. Stat. 61.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.31.

Annotations, Discussions, Cases:

Cases Citing Statute 61.31

Total Results: 20

Brandon-Thomas v. Brandon-Thomas

Court: District Court of Appeal of Florida | Date Filed: 2015-04-24

Citation: 163 So. 3d 644, 2015 Fla. App. LEXIS 6051, 2015 WL 1874457

Snippet: means in Florida for obtaining a divorce. See § 61.031 (“No dissolution of marriage is from bed and board

MRI Associates of America, LLC v. State Farm Fire & Casualty Co.

Court: District Court of Appeal of Florida | Date Filed: 2011-05-04

Citation: 61 So. 3d 462, 2011 Fla. App. LEXIS 6346, 2011 WL 1661402

Snippet: one MRI amount as $1,146.22 and the other as $1,061.31. After receiving the demand letter, State Farm

Norris v. Norris

Court: District Court of Appeal of Florida | Date Filed: 2010-02-24

Citation: 28 So. 3d 953, 2010 Fla. App. LEXIS 2075, 2010 WL 624172

Snippet: final judgment of dissolution of marriage. See §§ 61.031; 61.052, Fla. Stat. (2008). See generally Marjorie

R.R. Donnelley & Sons Co. v. Fuchs

Court: District Court of Appeal of Florida | Date Filed: 1996-03-05

Citation: 670 So. 2d 113, 1996 Fla. App. LEXIS 1936, 1996 WL 90576

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369 (1910), in which the Supreme

Bloodworth v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-03-24

Citation: 504 So. 2d 495, 12 Fla. L. Weekly 838

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369 (1910)). The legislature

ST. v. Falls Chase Spec. Taxing Dist.

Court: District Court of Appeal of Florida | Date Filed: 1983-01-21

Citation: 424 So. 2d 787

Snippet: jurisdiction over the pollution of lakes. Sections 403.061, .031(2), (3), Florida Statutes (1981). Like all other

FLORIDA PUBLIC SERV. v. Triple" A" Enterprises

Court: Supreme Court of Florida | Date Filed: 1980-09-04

Citation: 387 So. 2d 940

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369, Ann.Cas. 1912C, 160. McMillan

Hamilton v. State

Court: Supreme Court of Florida | Date Filed: 1978-10-12

Citation: 366 So. 2d 8

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369 (1910), succinctly pronounced

Hilderbran v. Hilderbran

Court: District Court of Appeal of Florida | Date Filed: 1978-04-28

Citation: 357 So. 2d 788, 1978 Fla. App. LEXIS 15783

Snippet: some states, but not in Florida. Florida Statute § 61.031 provides: “No divorce is from bed and board, but

Lasky v. State Farm Insurance Company

Court: Supreme Court of Florida | Date Filed: 1974-05-28

Citation: 296 So. 2d 9

Snippet: Lindsley v. National Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369 (1911). It seems to us

Florida Citrus Commission v. Owens

Court: District Court of Appeal of Florida | Date Filed: 1970-10-09

Citation: 239 So. 2d 840

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 Sup.Ct. 337, 55 L.Ed. 369, Ann.Cas. 1912C, 160

Wilson v. Bailey-Lewis-Williams, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1967-01-24

Citation: 194 So. 2d 293, 1967 Fla. App. LEXIS 5246

Snippet: 279; Giordano v. Clement Martin, Inc., 347 Pa. 61, 31 A.2d 504; Smith v. Lit Bros., 174 Pa.Super. 102

City of Miami Beach v. Austin Burke, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1966-04-26

Citation: 185 So. 2d 720, 1966 Fla. App. LEXIS 5280

Snippet: Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 31 S.Ct. 337, 55 L.Ed. 369, Ann.Cas.1912C[,] p. 160;

Travelers Insurance Co. v. Osselmeier

Court: District Court of Appeal of Florida | Date Filed: 1965-06-01

Citation: 177 So. 2d 20, 1965 Fla. App. LEXIS 3887

Snippet: attention of the court. Florida Appellate Rule 3.61, 31 F.S.A., provides that where there is a question

Aldrich v. Aldrich

Court: Supreme Court of Florida | Date Filed: 1964-04-22

Citation: 163 So. 2d 276

Snippet: Florida Statutes, F.S.A., Florida Appellate Rule 4.61, 31 Florida Statutes, 31 F.S.A., and our decision in

Keur v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-12-20

Citation: 160 So. 2d 546

Snippet: and does not rule on that motion. Fla.App. Rule 6.61, 31 F.S.A. For this reason, Keur appears here without

Green v. American Tobacco Company

Court: Supreme Court of Florida | Date Filed: 1963-06-05

Citation: 154 So. 2d 169

Snippet: dissent. NOTES [1] Sec. 25.031, F.S.A.; F.A.R. 4.61, 31 F.S.A. Sun Insurance Office, Ltd., v. Clay, Fla

City of Miami v. Rowland

Court: District Court of Appeal of Florida | Date Filed: 1961-10-26

Citation: 133 So. 2d 800, 1961 Fla. App. LEXIS 3548

Snippet: PER CURIAM. Affirmed.

Sun Insurance Office, Limited v. Clay

Court: Supreme Court of Florida | Date Filed: 1961-10-18

Citation: 133 So. 2d 735

Snippet: Fla. Stat., F.S.A., and Florida Appellate Rule 4.61, 31 F.S.A. The Court of Appeals acted in response to

McMillan, Et Vir v. Nelson

Court: Supreme Court of Florida | Date Filed: 1942-01-16

Citation: 5 So. 2d 867, 149 Fla. 334, 1942 Fla. LEXIS 774

Snippet: Lindsley v. Natural Carbonic Gas. Co.,220 U.S. 61, 31 Sup. Ct. 337, 55 L.Ed. 369; American Ann. Cases