Legal Question in Family Law in Florida

Prior to our divorce, my ex and I started the Florida Prepaid College Plan for our oldest child. Since the divorce, he changed the plan to our next child and took me off the plan. I took him to court and due to the by-laws of the prepaid program, there is nothing the court could do. However, he is now threatening to remove our second child from the plan and possibly place our third child on it. I believe his ulimate goal is to cash it in later down the road. When he removed me he put his girlfriend as co-owner. My question is is there anything the court can do to ensure at least one of my children will get the money for school?


Asked on 12/27/12, 10:55 am

3 Answers from Attorneys
John Smitten Carey and Leisure

Not sure if your divorce decree mentions the FL prepaid, if he cashes it in the money is then a marital asset and you get half. Contact my office for free consultation 727-446-7659

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Answered on 12/27/12, 12:59 pm
Brent Rose The Orsini & Rose Law Firm

I disagree with Mr. Smitten. I think the Florida Pre-paid account is an asset belonging to the oldest child. I'm not sure why the judge allowed him to change ownership on it and what the by-laws had to do with it. At any rate, this should have been covered in your divorce paperwork. If it wasn't handled then, it can't be handled now.

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Answered on 12/27/12, 1:45 pm
Lucreita Becude Lucreita D. Becude, P.A.

Mr Rose is absolutely correct. You can modify the divorce decree to reinforce this issue. If I can be of assistance please contact my office for an appointment.

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Answered on 12/28/12, 4:16 pm


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