Posted by Nydia Streets of Streets Law in Florida Child Support

Are parents required to pay college tuition in Florida as part of child support? The general answer is no, but there are exceptions. For example, if parties agree in a marital settlement agreement to pay college expenses, this is an enforceable contract. The interpretation of a provision in an agreement requiring payment for college expenses was an issue in the case Fendrich v. Fendrich, 4D21-3324 (Fla. 4th DCA January 18, 2023).

A final judgment of divorce was previously entered which adopted the parties’ marital settlement agreement. The agreement stated in part “Each party shall pay one half of all of the college expenses of each child. The child support shall be reviewed and readjusted if necessary when the rehabilitative alimony ceases commensurate with the income of the parties at that time.” The former wife filed a motion for enforcement, alleging the former husband had not paid the college expenses as agreed. She alleged he owed over $120,000 as his one-half share. The former husband responded that the contract was ambiguous because it did not define what were considered “college expenses”. The trial court rejected the former husband’s argument and entered a judgment finding he owed the former wife over $127,000. He appealed.

The appellate court reversed, holding “[T]he parties here were briefly married and divorced when the children were toddlers. The marital settlement agreement failed to define ‘college expenses,’ provided no limitations on attendance duration, school choice, or either parent’s consent or ability to pay. The agreement did not address how expenses were to be paid, did not provide a remedy if a party was unable to pay, or what happened if a third party paid on a parent’s behalf.” The case was therefore remanded for the trial court to hold a hearing on the intent of the parties as it related to what expenses were to be paid for college.

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.