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Prenuptial Agreements

Child Support - College and Vocational Education

The greatest financial worry for most American families used to be: "Will I have enough to live on after retirement?" Some public opinion polls suggest this has changed for many Americans. The greatest area of financial concern is now: "How will I be able to afford a college education for my children?"

Florida law does not require parents to provide child support while a child is attending college or vocational school, nor is there a duty to provide a child with an education after high school. Children cannot require their parents, no matter how wealthy, to provide a college education.

Most people recognize the value of education after high school. A higher education, whether in college, technical or vocational school, often results in substantially greater potential earnings. Most financially able parents willingly assist their adult children in obtaining a higher education. It is a choice rather than a legal duty.

Divorcing or separating parents often provide for their children's college education in their settlement agreement. Even though Florida law does not require parents to provide their children with a post high school education, Florida courts will enforce clearly written agreements to provide further education for adult children.

Parents can help their children meet the cost of additional education in many ways. The first way is to discuss and provide assistance to the child in applying for scholarships, financial aid, and loans. An agreement to provide for a higher education may include the following language:

"We agree to assist the child in applying for all scholarships, grants, financial aid, loans or stipends for which the child may be eligible. We shall sign applications without delay as well as provide any financial and other information required for such applications."

Many parents forget that college or advanced education expenses begin before enrollment in school. An agreement may include the following paragraph:

"College expenses include fees for standardized testing required for admission, reasonable instructional costs in preparation for those tests, application fees, and a child's reasonable transportation to and from prospective colleges for interviews and gathering information, so long as total travel costs do not exceed $_______."

The cost of a higher education is constantly increasing. Several strategies can be used to meet those expenses. One common arrangement is for both parents to contribute an agreed upon amount into a college or school fund. Each parent contributes an agreed upon amount into the college fund account each month for a specified number of months or years until a reasonable sum, including investment returns, provides a secure base for paying college expenses. A more sophisticated version of this method is to set up an educational trust with a neutral or institutional trustee to manage the investments and to minimize conflict between parents.

Another popular method of paying college expenses in Florida is to enroll in the Florida Prepaid College Program. This Program offers three separate contracts that cover the costs of tuition (registration fees), local fees, and dormitory fees at Florida's state universities and community colleges. Payment can be made in one payment, 55 monthly installments, or monthly installments that end in October of the year in which the child is projected to enter college.

Any child who is a resident of Florida, under 21 years of age, and who has not yet entered the 12th grade is eligible. Children of military personnel stationed outside of Florida, but for whom Florida is the home of record, are eligible. Children who reside with a parent outside of Florida, but have a noncustodial parent living in Florida are eligible. Once a contract is purchased, neither the child nor the parents have to remain Florida residents to retain their eligibility for the Florida Prepaid College Program. They have "residency for tuition purposes," regardless of where they live and do not have to pay out-of-state tuition if they move away from Florida.

The Florida Prepaid College Program includes courses at vocational schools and some out of state community colleges. Money paid into the Program can be used for technical certification programs at certain vocational schools.

Please contact us if we can help draft an appropriate clause in your settlement agreement or draft a separate agreement covering education after high school.

Web Sites For More Information

Florida Prepaid College Program

Provides a detailed explanation of the Florida Prepaid College Program. It has extensive links to every college and university in Florida as well as a substantial number of links to colleges and universities around the United States.

College Savings Plan Network

Listing of every State with a prepaid college program, including links to those programs. This site is useful if the child will not be attending a Florida college or university.

Financial Aid - Extensive help in locating financial aid. It is considered by some experts to be the financial aid bible.

2001 Colleges, College Scholarships, and Financial Aid

An extensive listing of colleges, scholarships, and financial aid programs available to students.

College Parents of America

This is a national membership association dedicated to helping parents prepare and put their children through college easily, economically and safely. CPA is a resource, advisor and advocate for the more than 32 million households with parents of current and future college students throughout the United States.

The College Board

This site is affiliated with The College Board, a 100-year-old, not-for-profit membership association whose mission is to prepare, inspire, and connect students to college and opportunity. This site will help students and parents plan for the transition from high school to college. Students can register for the SAT online and practice online with actual SAT test questions. Students and parents also identify and search for suitable colleges, apply to college online, explore career options, learn about college costs, and navigate the confusing world of financial aid.