BEVERLY GRAPIN, APPELLANT,
v.
BERTRAM GRAPIN, APPELLEE
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Florida appellate court affirmed divorce judgment's asset and alimony dispositions but reversed the requirement that appellee pay for his emancipated daughter's college education, holding that parental support duty ceases at majority absent legal dependency.
A parent's legal duty to support a child terminates upon the child's attainment of majority unless the child is legally dependent, and a parent's voluntary willingness to pay college expenses does not constitute a binding contractual obligation enforceable by court order.
[1] A parent's legal duty to support a child terminates upon the child's attainment of majority unless the child is found to be legally dependent, and a parent's voluntary st…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The legal duty of a parent to support his or her children ceases when the child attains majority, absent a finding that the child is legally dependent.”
Establishing the general rule governing parental support obligations upon a child's reaching majority.
In a divorce proceeding, the trial court ordered the appellee father to pay for his emancipated daughter's college education. The father had indicated…
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BASKIN, Judge.
Finding no abuse of discretion in the Final Judgment of Divorce entered by the trial court, either in the disposition of the parties’ assets or in the alimony awards, we affirm. With regard to the portion of the judgment requiring appellee to pay for his emancipated daughter’s college education, however, we reverse.
The legal duty of a parent to support his or her children ceases when the child attains majority, absent a finding that the child is legally dependent. Thomas v. Thomas, 427 So. 2d 259 (Fla. 5th DCA 1983); Jones v. Jones, 421 So. 2d 815 (Fla. 4th DCA 1982); Genoe v. Genoe, 373 So. 2d 940 (Fla. 4th DCA 1979); Kern v. Kern, 360 So. 2d 482 (Fla. 4th DCA 1978); Krogen v. Krogen, 320 So. 2d 483 (Fla. 3d DCA 1975). But see Nicolay v. Nicolay, 387 So. 2d 500 (Fla. 2d DCA 1980) (finding that it was proper for the trial court to order a parent to finance a child’s college education after the age of eighteen). Although Dr. Grapin indicated a willingness to pay his adult daughter’s college expenses on a voluntary basis, his statement did not constitute the binding contractual agreement necessary to sustain the entry of an order requiring the payment of college costs. Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980). See Coalla v. Coalla, 330 So. 2d 802 (Fla. 2d DCA 1976); Kowalski v. Kowalski, 315 So. 2d 497 (Fla. 2d DCA), cert. dismissed, 319 So. 2d 31 (Fla.1975).
The other points raised on appeal lack merit.
Affirmed in part, reversed in part, remanded.
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Citator
Cited By
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Grapin v. Bertram Grapin, 450 So. 2d 853 (Fla. 1984)…McDONALD, Justice. We have for review Grapin v. Grapin, 430 So. 2d 926 (Fla. 3d DCA 1983), because of conflict with Nicolay v. Nicolay, 387 So. 2d 500 (Fla. 2d DCA), review dismissed, 392 So. 2d 1377 (Fla.1980). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution and approve the decision u…
Authorities Cited (12 total)
- Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980)
- 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)
- Coalla v. Coalla, 330 So. 2d 802 (Fla. 2d DCA 1976)
- Kowalski v. Kowalski, 315 So. 2d 497 (Fla. 2d DCA 1975)
- Genoe v. Violetta Genoe, 373 So. 2d 940 (Fla. 4th DCA 1979)
- Knobby J. Thomas v. Thomas, 427 So. 2d 259 (Fla. 5th DCA 1983)
- Jones v. Jones, 421 So. 2d 815 (Fla. 4th DCA 1982)