Legal Question in Family Law in Florida

Child Supprt

My father had a Florid Prepaid college fund set up as per the divorce agreement. My mother took a deduction in child support for this. The year I was started college my father cashed in my dorm part of the Florida Prepaid. The purpose was for him to buy me a vechile with the monies because I was not staying in the dorms. What does my mother need to do inorder to get these monies back for me so that I can go back to school. I was forced to buy a vechile inorder to go to school and I cannot afford a vechile plus housing as a college student. Thanks


Asked on 9/10/07, 6:48 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Child Supprt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you agreed with your father to have him cash in the dorm payment so you could use it for a car as you were not living on campus, what makes you think you also have a right to get the monies back? Unless he breached the agreement, I do not think you have any legal argument. If he cashed in the dorm contract and then did not give you the monies, you may have a claim against him. In order to try and enforce this, your mother would have to reopen the divorce and file a motion for contempt against him by explaining exactly what he did and how it was a breach of the court order.

Scott R. Jay, Esq.

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Answered on 9/11/07, 3:19 am


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