WOODROW WILSON PEEPLES, JR., APPELLANT/CROSS-APPELLEE,
v.
SARAH JANE PEEPLES, APPELLEE/CROSS-APPELLANT
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The court affirmed a dissolution of marriage judgment but amended it to remove language requiring child support to continue beyond the child's majority absent a finding of physical or mental deficiencies.
Child support obligations terminate upon the child's majority unless the trial court makes a specific finding of physical or mental deficiencies.
[1] Child support obligations terminate upon the child's majority unless the trial court makes a specific finding of physical or mental deficiencies, and educational pursuits…
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage, the trial court ordered the husband to pay $250 per month for child support and medical expenses as long as the child re…
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PER CURIAM.
The husband appeals and the wife cross appeals from a final judgment of dissolution of marriage.
The trial court’s judgment, among other provisions, stipulated:
3. That the Respondent/Husband shall pay to the Petitioner/Wife the sum of Two Hundred Fifty Dollars ($250.00) per month for the support and maintenance of the minor child of the parties. Said support shall continue as long as the child is a minor, and/or pursues a continuous course of education. The method is set forth in Exhibit “A” attached hereto and incorporated herein.
4. That the Respondent/Husband is responsible for the minor child’s medical expenses as long as the child remains a minor, and/or pursuing a continuous course of education.
As the wife concedes, the trial court erred in requiring that support continue beyond the date that the parties’ child obtains his majority. Grapin v. Grapin, 450 So. 2d 853 (Fla.1984); Stultz v. Stultz, 504 So. 2d 5 (Fla. 2d DCA 1986) (no legal duty to pay child support beyond majority absent finding of physical or mental deficiencies).
We find no merit in the remaining points raised by the husband in this appeal and we find no merit in the point raised by the wife in her cross appeal.
Accordingly, we amend the judgment by striking the language, “and/or pursuing a continuous course of education” from paragraphs 3 and 4 and the language, “pursues a continuous course of education” from Exhibit A. As amended, we affirm the trial court’s judgment.
SCHEB, A.C.J., and RYDER and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reeves v. Reeves, 554 So. 2d 560 (Fla. 1st DCA 1989)…dependency, only to majority upon reaching the age of 18 years. Spurlock v. Spurlock, 552 So. 2d 326 (Fla. 1st DCA 1989); Gelman v. Gelman, 512 So. 2d 236 (Fla. 1st DCA 1987); Broche v. Broche, 489 So. 2d 841 (Fla. 1st DCA 1986); Peeples v. Peeples, 516 So. 2d 1103 (Fla. 2d DCA 1987); Goldsmith v. Goldsmith, 487 So. 2d 332 (Fla. 1st DCA 1986); Wilkerson v. Wilkerson, 430 So. 2d 542 (Fla. 1st DCA 1983). Thus, a former husband, absent extraordinary circumstances, cannot be required to maintain some other valuabl…
Authorities Cited
- Grapin v. Bertram Grapin, 450 So. 2d 853 (Fla. 1984)
- Avatar Props., Inc. v. Yerke, 504 So. 2d 5 (Fla. 2d DCA 1986)
- Stultz v. Stultz, 504 So. 2d 5 (Fla. 2d DCA 1986)