Tag: marital settlement agreement

Can a divorced parent be forced to pay for college

Do I Have to pay for College in Divorce in Florida?

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Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? To best answer these questions, consider that many attorneys draft marital settlement agreements where one spouse is beholden for paying college or graduate school tuition or for a similar education training program on behalf of their kids. The urge or instinct to pay for your children’s schooling is a noble intention and a noble concept. It is laudable to want to provide for your kids indefinitely. Sometimes, people will put in a marital settlement agreement that a husband must pay for their minor children’s college wherever they attend school to help them avoid going into student loan debt. Admittedly, a marital settlement agreement is a contract and parties in this context may include provisions with self-determinative thoughts in mind. The problem is this type of provision is usually unenforceable.

There is case law out there to answer your questions, “can a divorced parent be forced to pay for college?” and “Do I have to pay for college in divorce in Florida?”. According to case law, if you try to enforce a marital settlement agreement for the payment of a child’s college now that that kid is an adult, the divorce court will likely deny any such motion for enforcement for lack of standing (power to enforce). Technically, that child was not a party to the contract in the context of marital dissolution. Unless that child is suing the parent that made that promise and that contract, there’s very little that a former spouse can do to enforce it. Florida public policy and family law does not obligate either parent to pay for a child’s college tuition.

Paying for college is not required in Florida statutory law. Moreover, you do not have to pay for your children’s private school under the age of 18. Therefore, even if this type of provision is incorporated in your marital settlement agreement, the likelihood that your motion for enforcement succeeds is minimal. You made a promise. It is in writing and therefore you should fulfill that promise. There is case law that specifically rules, including in the Fifth District, Southard versus Southard which provides: “a contractual duty to pay a child’s college tuition and expenses cannot be enforced by contempt.”

Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? Overall, I do not believe that if you have a provision in your MSA for the payment of post-secondary education, that the court has the jurisdiction, i.e. power, to enforce that provision absent that child who is now an adult suing and intervening in some way, shape, or form.

florida marital settlement agreement

Florida Marital Settlement Agreement

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What is a marital settlement agreement in Florida? A Florida marital settlement agreement (MSA) is interpreted by the family court as a contract equitably dividing your marital assets and liabilities. An MSA is in fact a contract subject to the same requirements for its formation and enforcement. The circuit family court is referred to as the trial court. The trial court must enforce the terms of a marital settlement agreement Florida when properly asked to do so upon a party’s motion. However, you must be aware that the trial court has no power to rewrite an MSA when called upon to enforce its terms. Prieto v. Rossi, (Fla. 4th DCA 2024). The contract is binding as is and cannot be changed by the family court. Call Jacobs Law Firm, Family lawyer Winter Park FL, Family Lawyer Clermont FL at 407-335-8113.

Often, after a dissolution of marriage has been granted, one of the parties may need to seek enforcement of the marital settlement agreement Florida. If properly presented, and if it is in the contact/MSA unambiguously, the court may be able to provide the injured party with relief per the terms of the contract. However, a judge cannot base contempt upon noncompliance with something an order does not say. For example, if the order commands the parties to refinance a marital home within 4 months and they are unable to do so, if the MSA does not say what happens next, the parties might not necessarily be entitled to the family court’s help. “when the order that forms the basis for contempt does not expressly require the action for which the contemnor is held in contempt, the trial court fundamentally errs when finding that person in contempt for failure to do that action.” A court cannot order someone to do something they are not required to do. That is axiomatic for a Florida marital settlement agreement. For a person to be held in contempt of a court order, the language of the order must be clear and precise, and the behavior of the person must clearly violate the order. Id.

What this means is that you must be careful when writing a Florida marital settlement agreement. It is best to include sufficient detail and ensure the language is clear and unambiguous to enable the court to take action post-dissolution. The more careful and fastidious you are now, the better the results will likely be at a later time. Call Jacobs Law Firm for a consultation 407-335-8113.