Legal Question in Family Law in Florida

College Fund

About a year after their divorce my husbands x-wife decided that they should each open a prepaid college fund for the 2 children. She would take 1 child and he would take the other. These children have been promised these fund since they were little children.

My stepson is now ready to go to college and his Mother refuses to let him use the fund. She has cited that its time for her to have a life and she needs the money.

My stepson has already applied to college and has been accepted.

From where I'm standing this seems like a breech of promise.

I was just wondering if anyone has any thoughts on whether my husband has a colorable cause of action. I don't want to rack up thousands of dollars in attorney's fee's, lose the case and wind up paying for the education as well.

Thank You


Asked on 7/18/08, 8:22 am

1 Answer from Attorneys

Alicia Santana Torres Santana Torres Law Offices, PL

Re: College Fund

She actually saved the money and she just doesn't want to give it to him now? This may be actionable depending on certain additional facts. Your husband and step-son should seek advice from a local attorney as soon as possible.

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Answered on 7/18/08, 8:38 am


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