This section contains the nature of the case and procedural background.

In 1953 F and M divorced. The father was ordered to pay child support until their son reached the age of 21. In 2001 F filed a declaratory action, seeking to have determined whether he has an obligation to pay support for his 50-year-old son, who has an autism-related, chronic condition (Asperger's syndrome) for which he began receiving treatment at age 8. M and S counter-petitioned for support under Section 743.07(2), which does not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority. F was granted summary judgment, and this appeal resulted.

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