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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25413
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can a parent sue her over 18 year old child of contract of

Customer Question

can a parent sue her over 18 year old child for breach of contract for reimbursement of college expenses when 'child' stopped attending classes mid-term, did not tell parent (and of course flunked out)?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Was there ever any agreement between the child and parent to pay back expenses?

Customer: replied 1 year ago.
There was no agreement written or verbal to pay back expenses. The oft-reiterated, oft-witnessed verbal contract was that mom (single mom, single income, struggle to pay) would pay and 'child' would achieve passing grades--at the least. This is in the State of Florida, where verbals are binding. Child stopped going to class 7 weeks into the 18 week semester but did not reveal that to mom who kept paying expenses until report cards came out. This is more about a Life Lesson in consequences rather than actually getting the $4,000 back into my hands...
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. As a parent, I certainly understand. Unless there was an agreement to repay you if she failed to attend, failed, withdrew, etc, you could not sue her. You had no legal obligation to pay for her college expenses and if you did so voluntarily, a court would not award you damages, as a result of her actions. The court would see this as a gift and something you wanted to do to help but was not conditioned upon anything.

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