Fernandez v. Fernandez
A 27-year-old woman with Down Syndrome filed an independent petition seeking dependent adult support from her father; the trial court dismissed for lack of subject-matter jurisdiction and awarded the father section 57.105 fees for a frivolous filing. The Third District reversed, holding that section 743.07(2) preserves the common law right of a disabled adult whose incapacity began before majority to seek support, and that the circuit court has subject-matter jurisdiction over such an independent action regardless of whether support was extended in the dissolution judgment.
Key facts
- A 27-year-old woman with Down Syndrome, whose incapacity began before reaching majority, filed an independent petition in circuit court seeking dependent adult support from her father.
- The trial court dismissed the petition for lack of subject-matter jurisdiction and awarded the father attorney's fees under section 57.105, finding the filing frivolous.
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Why it matters
The opinion squarely confirms that an adult dependent child may file a freestanding circuit court petition for support years after majority, even absent any reservation in the dissolution judgment — a recurring issue… — full analysis with a trial
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