Who Is Required To Pay For College After A Florida Divorce?
If you are going through a Florida divorce and have a child, you are probably wondering who will be required to pay for your child’s education after your divorce is finalized. Specifically, you might be wondering who will be required to pay for your child’s college education.
So, who is required to pay for college after a Florida divorce? While some states have specific laws dictating how college is to be paid after divorce, this is not the case in Florida. Florida statutes do not mention college and university expenses. In other words, in Florida, a parent is not legally obligated to pay for their child’s college education. A parent’s duty to take their child through college is a moral duty.
What Does Florida Law Say About a Parent’s Legal Duty To Pay For Education After a Divorce?
In Florida, a parent is legally obligated to make child support payments until their child turns 18 or 19 or finishes high school. A parent may only be legally required to continue making child support payments after their child turns 18 or 19 or finishes high school if the child has special needs. If a child has no special needs, a parent’s duty to continue paying child support after their child turns 18 or 19 or finishes high school is not legal. Instead, it is ethical.
Note: In Florida, there is also no law that states that a parent should be required to make payments towards private tuition after a divorce. Usually, a parent is only required to pay for private tuition if certain factors are met.
During a Florida divorce, the court cannot order a parent or parents to pay for their child’s college education. However, if there is a contractual agreement between parents, the court can require a parent or parents to pay for college.
You can create a contractual obligation for one parent or both parents to pay for your child’s college education in a marital settlement agreement, otherwise known as an MSA. If you want to make the other parent pay for your child’s college education or if you want to make them help you pay for your child’s college education, you need to address this issue in your marital settlement agreement.
Drafting an Agreement
When addressing the issue of college payments in a marital settlement agreement, you must be clear and specific. For example, be clear and specific about where the payments will be made, when the payments will be made, and which party or if both parties are obligated to make payments. Also, in your marital settlement agreement, you need to specify details that are necessary to ensure that expenses such as transportation, housing, and books arising from your child attending college are covered. For example, will you require your child to work to cover a portion of the expenses? Will you and/or the other parent pay for your child’s expenses when they go to college? A qualified attorney can help you prepare an agreement that is clear, specific, and enforceable.
Contact an Orlando Child Support Lawyer