Legal Question in Family Law in Florida

College Expenses for children
Question: Ex wife's counsel was denied motion for change of venue and motion to dismiss. He now has filed a new supplemental motion to dismiss stating the same reason he used in his oral argument before the judge...is this just a motion for rehearing?

Facts: I filed a motion for enforcement of the martial settlement agreement (MSA) to enforce college expenses of our two emancipated children. Our MSA had a provision for each paying 50% to a certain amount. I filed it in Palm Beach County, the presiding county is Pinellas County. My ex's attorney filed a motion to dismiss...citing parent does not have the right to sue on behalf of child and if I did...it must be done under 1.210 as third party beneficiary. Motion to dismiss was denied. He also filed a motion to transfer venue for incorrect venue...the court denied that motion too...citing that it could be consider child support and FS 61,17 would apply. Does anyone have any idea what the judge is thinking?

Asked on 4/28/08, 11:42 pm

David Slater David P. Slater, Esq.

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Re: College Expenses for children

Unless the procedures of FS 61.17 were followed, the matter should not be heard in Palm Beach County.

Answered on 4/29/08, 6:18 am

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