The Third District Court of Appeal in Florida has reversed a lower court's dismissal of a petition for dependent adult support filed by Korey Fernandez against her father, Adolph Fernandez. The court ruled that the trial court had the jurisdiction to hear the case, which is significant for individuals with disabilities seeking support from their parents beyond the age of majority.
This ruling affects Korey, who has Down Syndrome and requires ongoing support due to her condition. It highlights the legal rights of adult dependents and the obligations of parents to provide support under certain circumstances.
Background
Korey Fernandez filed her petition in September 2019 in the Circuit Court of the Eleventh Judicial Circuit, seeking financial support from her father, Adolph Fernandez. The case arose after Korey, who was born with Down Syndrome, became unable to secure and maintain employment due to her mental and physical disabilities. Her parents divorced in 2001, and a marital settlement agreement was established, providing for her support until she turned eighteen.
After Korey turned eighteen, Adolph moved to dismiss her petition, arguing that the court lacked subject-matter jurisdiction. He claimed that the original divorce agreement did not include provisions for support beyond her majority age and that no attempts were made to modify the support terms while she was still a minor. The trial court agreed with Adolph, dismissing the petition and imposing attorney's fees against Korey, labeling her petition as frivolous. This led to Korey's appeal.
The Ruling
The Third District Court of Appeal reviewed the case and determined that the trial court erred in dismissing Korey's petition for lack of subject-matter jurisdiction. Chief Judge EMAS stated, "Section 743.07(2) preserves the common law right to seek adult dependent support from a parent in a court of competent jurisdiction when such dependency is the result of a mental or physical incapacity which began prior to such person reaching majority."
The court emphasized that Florida law imposes a duty of support on parents for adult dependent children who are unable to support themselves due to mental or physical incapacity that began before reaching adulthood. The court referenced a previous case, Hastings v. Hastings, which affirmed the right of a dependent adult to seek support from their parents, regardless of age. The court concluded that the lower court had the jurisdiction to adjudicate Korey's petition and that dismissing it was improper.
Impact
This ruling is significant for individuals with disabilities and their families, as it clarifies the legal framework for seeking support from parents beyond the age of majority. The court's decision reinforces the notion that parents have a lifelong obligation to support their dependent children who are unable to care for themselves due to disabilities.
The ruling may set a precedent for similar cases in Florida, affirming the rights of adult dependents to seek support and ensuring that courts recognize their needs. It also highlights the importance of understanding the legal definitions of dependency and support obligations under Florida law.
What's Next
The case has been reversed and remanded for further proceedings in the lower court. The trial court will now have the opportunity to hear Korey's petition for dependent adult support. Details regarding any potential appeals or related cases were not available in the court filing.