KENNETH M. JONES, APPELLANT,
v.
JEANNE G. JONES, APPELLEE
WILLIAM C. OWEN, Jr., Retired, (Associate Judge).
The final judgment in this action for dissolution of marriage included the following provision in reference to support of the parties’ son, now five years old: “Further, as additional child support, providing the child has the inclination and ability, and the Husband is able to afford, the Husband shall provided (sic) the child with a college education to the extent of the fees and costs of a state university education.” We construe this provision for additional support as one which, like any other provision for parental support of a minor, terminates upon the child reaching the age of eighteen years, unless at that time the child is determined to be a dependent child. Genoe v. Genoe, 373 So. 2d 940 (Fla. 4th DCA 1974); Kern v. Kern, 360 So. 2d 482 (Fla. 4th DCA 1978); Krogen v. Krogen, 320 So. 2d 483 (Fla.3d DCA 1975). For a contrary view under different factual circumstances see Nicolay v. Nicolay, 387 So. 2d 500 (Fla.2d DCA 1980).
As thus construed, the judgment is affirmed, the remaining points on appeal being found to be without merit.
AFFIRMED.
BERANEK and WALDEN, JJ., concur.
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Grapin v. Bertram Grapin, 450 So. 2d 853 (Fla. 1984)…onditions occurred here. We agree that a trial court may not order post-majority support simply because the child is in college and the divorced parent can afford to pay. See also Thomas v. Thomas, 427 So. 2d 259 (Fla. 5th DCA 1983); Jones v. Jones, 421 So. 2d 815 (Fla. 4th DCA 1982); Dwyer v. Dwyer, 327 So. 2d 74 (Fla. 1st DCA 1976); Kowalski v. Kowalski, 315 So. 2d 497 (Fla. 2d DCA), cert. dismissed, 319 So. 2d 31 (Fla.1975); Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975). The second district took a c…
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Slaton v. Anne Conant Slaton, 428 So. 2d 347 (Fla. 1st DCA 1983)…reached the age of majority absent a finding of dependency, and since attendance at college does not necessarily render a person dependent, courts ordinarily have no authority to require a parent to provide an advanced education. See Jones v. Jones, 421 So. 2d 815 (Fla. 4th DCA 1982); Dwyer v. Dwyer, 327 So. 2d 74 (Fla. 1st DCA 1976); Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975). Therefore, the trial court erred in requiring appellant to provide each child with an education through a baccalaureate degr…
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Buddy Gene Wilkerson v. Wilkerson, 430 So. 2d 542 (Fla. 1st DCA 1983)…there is no obligation to support the child after she reaches age 18 absent a finding of dependency, and attendance at college does not necessarily render a person dependent, see Slaton v. Slaton, 428 So. 2d 347 (Fla. 1st DCA 1983); Jones v. Jones, 421 So. 2d 815 (Fla. 4th DCA 1982); Dwyer v. Dwyer, 327 So. 2d 74 (Fla. 1st DCA 1976); Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975). The trial court thus erred in ordering continued support for the 15 year old daughter until she “reaches age twenty-one (21)…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haddox v. Lumbermens Mut. Cas. Co. & Renette Rousseau, 360 So. 2d 482 (Fla. 3d DCA 1978)
- Kern v. Kern, 360 So. 2d 482 (Fla. 4th DCA 1978)
- Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975)
- Nicolay v. Jacquelyn Ann Nicolay, 387 So. 2d 500 (Fla. 2d DCA 1980)
- Genoe v. Violetta Genoe, 373 So. 2d 940 (Fla. 4th DCA 1979)