Fort Lauderdale Divorce Lawyer Blog
Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or other things after the children turn eighteen. If they do, they will generally be held to the terms of such agreements, as discussed in a recent Florida child support case in which the parties disagreed over whether a marital settlement agreement obligations both parents to contribute to their child’s college fund. If you have questions about how you can protect your rights and assets in a dissolution proceeding, it is advisable to meet with a skilled Miami divorce lawyer to assess your options.
Case Setting
It is reported that the husband and the wife divorced; as part of their dissolution proceedings, they entered into a marital settlement agreement. According to their marital settlement agreement, both parties were required to contribute $500 per month to a 529 college savings plan for their child, starting after the termination of the wife’s alimony.
Allegedly, after receiving an inheritance, the wife prepaid her share of contributions, leading to an addendum in the marital settlement agreement that absolved her from making further payments. However, the husband contributed less than $500 per month to a Florida Prepaid College Fund instead of the 529 plan. The wife sought to hold him in contempt for failing to meet the agreed contribution amount. The trial court denied her motion, and she appealed.
Modifications of Marital Settlement Agreements.
On appeal, the court affirmed in part and reversed in part. The court agreed with the trial court’s denial of the motion for contempt, holding that contempt was not an available remedy because the parties had made an oral agreement modifying the original terms and that modification had not been ratified by a court order.
However, the court disagreed with the trial court’s interpretation of the addendum to the marital settlement agreement, which the lower court had found to relieve the husband of any obligation to contribute to a college savings plan. The court found that both parties had acknowledged that the husband was still required to contribute to a college savings account and that the addendum only affected the wife’s obligations.
As such, the case was remanded for further proceedings to determine the husband’s continuing obligation to contribute.
Confer with a Skilled Miami Attorney
Ending a marriage affects not only a couple’s relationship but also their financial rights and obligations. If you want to learn more about how to protect your economic health in a divorce proceeding, it is wise to confer with an attorney. The skilled Miami divorce lawyers at the Law Offices of Sandy T. Fox, P.A. possess the resources and knowledge needed to prevail in challenging cases, and if you engage our services, we will fight to help you seek a just outcome. You can reach us at 800-596-0579 or by using the online form to set up a meeting.