Can My Ex Be Forced to Pay for College in Florida?

Can My Ex Be Forced to Pay for College in Florida?

Quick Answer: **No.** Florida law does not require parents to pay for college expenses. Child support ends at age 18 (or 19 if still in high school). However, you can negotiate college contribution agreements in your divorce settlement.

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What Florida Law Says

Child Support Ends at Majority

Under F.S. 743.07, the age of majority in Florida is 18. Child support obligations terminate when the child:

• Turns 18, OR
• Turns 19 if still in high school and expected to graduate before turning 19

There is no statutory provision requiring parents to pay for college.

No Court Authority to Order College Support

Unlike some states (New York, New Jersey, Illinois), Florida courts cannot order a parent to pay college expenses for an adult child. The Florida Supreme Court has confirmed this limitation.

Key Point: Once your child turns 18 (or 19 if still in high school), the court loses jurisdiction to order support payments.

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Why This Differs From Other States

Some states allow courts to order college support:

If you're moving from a state that orders college support, understand that Florida courts cannot enforce such provisions.

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What You CAN Do: Negotiate a Settlement Agreement

While courts can't order college support, parents can voluntarily agree to it in their Marital Settlement Agreement (MSA).

What to Include in Your Agreement

A well-drafted college expense provision should address:

**1. Scope of Education Covered**

• Undergraduate only, or graduate too?
• In-state vs. out-of-state tuition limits
• Community college, public university, or private school?
• Vocational or trade school included?

**2. Types of Expenses**

• Tuition and fees
• Room and board (on-campus or off-campus limits)
• Books and supplies
• Transportation
• Computer/technology
• Spending money

**3. Each Parent's Contribution**

• Percentage split (50/50, proportional to income, etc.)
• Dollar cap per year
• Total cap over four years
• Adjustment for scholarships/grants

**4. Child's Obligations**

• Maintain minimum GPA
• Attend full-time
• Apply for financial aid and scholarships
• Work part-time or summer jobs
• Graduate within a timeframe
• Keep parents informed of grades

**5. Payment Mechanics**

• Direct payment to school vs. reimbursement
• Timing of payments
• How to handle refunds
• Tax considerations (dependency exemption, tax credits)

Sample Language

"Each party shall contribute 50% of the cost of undergraduate education at a Florida public university, including tuition, fees, and on-campus room and board, for each child who: (a) graduates high school; (b) enrolls full-time within one year of graduation; (c) maintains a 2.5 GPA; and (d) completes their degree within five years. The child's contribution from scholarships, grants, and work shall be applied first, reducing each parent's obligation proportionally."

→ **Need help with your settlement?** Our [Marital Settlement Agreement](/services/settlement-agreement) service includes drafting of college expense provisions with proper language.

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Enforcement Challenges

Even with a written agreement, enforcement can be tricky:

The Agreement May Not Be Enforceable

Some courts have held that post-majority college expense agreements are unenforceable as child support because the court lacks jurisdiction over adult children.

Workarounds

To make agreements more enforceable:

**As Contract Rather Than Support:** Structure the provision as a contractual obligation between the parents, not support for the child.

**Include Incentives:** Build in consequences for non-payment (acceleration of other obligations, for example).

**Security:** Require life insurance to cover obligation if a parent dies.

**Mediation Clause:** Require mediation before litigation over college expenses.

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Strategies During Divorce Negotiations

If You're the Higher-Earning Parent

• Negotiate clear limits on college contribution
• Cap at in-state public university rates
• Require child to apply for financial aid
• Include performance requirements
• Get something in exchange for agreeing to contribute

If You're the Lower-Earning Parent

• Try to get a percentage of income rather than fixed dollar amount
• Include cost-of-living adjustments
• Minimize child's contribution requirements
• Ensure contribution covers actual costs
• Consider that negotiating now is better than hoping later

What About 529 Plans?

If either party has a 529 education savings plan:

• Address who controls the account
• Specify it must be used for the child's education
• Determine what happens to unused funds
• Consider future contributions

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What If There's No Agreement?

If your divorce settlement doesn't address college and your child is approaching college age:

**Options:**

**Reality Check:** Many divorced parents do help with college voluntarily, even without a legal obligation. The relationship with your child matters regardless of what the law requires.

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Planning Ahead

If your children are young:

• Address college in your settlement now
• Set up 529 plans with clear ownership
• Build in flexibility for cost changes
• Consider inflation adjustments

It's easier to negotiate college expenses during divorce when emotions are high and parties want to resolve everything than years later when circumstances have changed.

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Get Help With Your Settlement

Negotiating college expenses requires careful drafting. Schedule a $95 Strategy Session to discuss your options.