Cases involving dependent adults’ support had been left to court interpretation.
Gov. Ron DeSantis has signed legislation (SB 226) that makes it clearer when, and from who, an adult with disabilities can claim support.
Democratic Sen. Lori Berman and Rep. Allison Tant sponsored the legislation, earning unanimous approval in both chambers.
Berman, in committee, said it clarifies a gray area in the law regarding adults with disabilities.
The 15-page bill codifies and clarifies existing common law regarding “dependent adult children” — unmarried adults who are incapable of self-support because of a disability present before age 18. Existing statutes are largely silent on who is responsible if the parents of these adult children divorces, Tant said.
“It’s been the subject of court battles for a long time,” Tant said. “We don’t have any guidelines to offer.”
That will change going forward.
Tant said the inspiration for the bill grew out of a situation involving the Miami father of a 27-year-old Down syndrome child who refused to support her. A lawsuit against the father was filed in 2019 and the circuit court dismissed the case. The court ordered the child to pay her father’s legal fees because it was determined to be a frivolous lawsuit.
An appeals court determined the lower court had erred in 2020, however.
“This codifies the law so cases like this don’t happen,” said Lisa Hurley, a lobbyist with Smith, Bryan & Myers, representing the Family Law Section of the Florida Bar. “This gives courts a clear guideline in determining if and when to award such support.”
The new law explicitly puts into statute:
— Parents’ duty to support a dependent adult child and codifies procedures for getting that support, if need be.
— The right to sue at any time to establish support for a dependent adult child, whether it’s initiated by the dependent adult child, his or her parent or another involved person, such as the adult child’s guardian or guardian advocate.
— Safeguards for court-ordered support for a dependent adult child, to protect and preserve government benefits the dependent adult child is receiving or may be entitled to receive.