How College Costs Are Handled In Fort Lauderdale Divorce And Custody Agreements

Parents going through a divorce often assume that child support will simply continue once their child heads off to college. In Florida, that assumption can lead to confusion later on. So how are college costs actually handled when a Fort Lauderdale marriage ends, and what happens if parents never discuss it during the divorce?

Child Support Ends Well Before College Begins

Under Florida law, child support obligations generally terminate when a child turns 18. Florida Statute 743.07 sets 18 as the age at which the “disability of nonage” is removed, meaning the child is legally treated as an adult. If a child is still in high school at 18 with a reasonable expectation of graduating before turning 19, support may continue a bit longer, but that is typically where the statutory obligation stops.

This surprises a lot of parents. If Florida support ends around high school graduation, does that mean college costs are simply off the table? Not necessarily. It just means the law does not step in and require it on its own.

Why Some Fort Lauderdale Parents Still Cover College

Even though Florida courts cannot order a parent to pay for college as part of a standard child support order, many divorcing couples choose to address it anyway. Why? Because raising the topic during the divorce, while both parents are already negotiating everything else, is often far simpler than trying to sort it out years later when relationships and finances may have changed.

Parents can voluntarily include college funding provisions in a marital settlement agreement. Once that agreement is signed and approved by the court, it becomes a binding contract. Some families agree to split tuition evenly. Others tie their contribution to a specific dollar cap, a percentage of income, or a particular school’s in-state tuition rate. Some set up a 529 plan or a Florida Prepaid College Plan as part of the agreement.

What happens if a parent later refuses to pay after agreeing to it in writing? That is where things can get complicated, and it is a question worth asking before the agreement is finalized rather than after.

What Should Parents Ask Themselves Now?

Before finalizing a divorce or custody agreement, it may help to think through a few questions. Will both parents want a say in which school the child attends? Should the agreement cover tuition only, or also housing, books, and fees? What happens if a child changes schools, takes a gap year, or does not attend college at all?

There is no single right answer. Every family’s finances and priorities look different, and what works for one Fort Lauderdale household may not fit another at all.

Contact Our Fort Lauderdale Divorce and Custody Attorneys Before You Sign

College costs are easy to overlook in the middle of a divorce, especially when there are more immediate issues on the table. But addressing it early can save a lot of stress down the road. As Fort Lauderdale child support attorneys, we help parents think through these questions and put an agreement in writing that reflects what they actually intend. If you are negotiating a divorce or custody agreement and want to talk through how college expenses might fit into it, we invite you to reach out to Sandra Bonfiglio, P.A.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0743/Sections/0743.07.html