Divorcing parents may agree to help with college. Years later, when tuition bills arrive, they may remember the deal differently. Florida generally does not require parents to pay for college, but a voluntary commitment can be binding.
A Voluntary Promise Can Become a Binding Duty
Ordinary child support generally ends at 18, the age of majority under section 743.07. Section 61.13 allows support to continue for dependent 18-year-olds still in high school and expected to graduate before 19. Florida also permits continued support in certain disability cases. But college attendance alone does not require parents to cover tuition.
In Grapin v. Grapin, the Florida Supreme Court backed an appellate ruling that tossed out an order making a father pay his adult daughter’s college expenses. The court explained that ability to pay alone does not ordinarily let a court compel parents to fund college, though a voluntary agreement can.
Why Contract Wording Decides the Outcome
In Davis v. Davis, a father agreed to pay half the children’s secondary educational expenses. The appellate court held that the term did not include college tuition, despite the mother’s request for reimbursement. The court would not rewrite the agreement.
In Carlton v. Carlton, the parents agreed to split college and graduate costs. The court affirmed an order making the father help pay private university tuition, weighing his finances in judging whether the expense was reasonable.
The court in Southard v. Southard explained that an adult child’s college funding promise is enforceable through an ordinary civil suit, not contempt. The child may also sue as a third-party beneficiary of the agreement.
Review Your Agreement Before a Dispute Starts
Review the language before a dispute begins. A clear agreement specifies:
- Undergraduate study only, or additional degrees
- Public, private, in-state, or out-of-state schools
- Tuition alone, or housing and books, too
- A percentage, annual limit, or total cap
Do not assume a commitment ends at 18 or that a financial setback cancels it automatically.
At Wickersham & Bowers, we can review your settlement agreement, clarify what it covers, and help negotiate or enforce college expense provisions. For guidance, reach out to us or call 386-252-3000.
