Legal Opinion · Dissent

Riera v. Riera

District Court of Appeal of Florida

Decided April 25, 2012No. Nos. 3D10-3441, 3D10-2917Published

1DissentShepherd, J.

I agree with the majority that the former husband, Jorge Luis Riera, cannot be held in contempt for failing to comply with a contractual obligation to pay college expenses. See Nicoletti v. Nicoletti, 901 So.2d 290, 292 (Fla. 2d DCA 2005) (“A contractual duty to pay for a child’s college expenses cannot be enforced by contempt.”); see also Gersten v. Gersten, 281 So.2d 607, 609 (Fla. 3d DCA 1973). However, I would affirm the decision of the *1169trial court that the former husband is required to pay his aliquot share of his son’s expenses to attend George Washington University.

The former husband…

2Cases cited11 opinions

  1. Jenkins v. Eckerd Corp.District Court of Appeal of Florida · 2005
  2. Fox v. HaislettDistrict Court of Appeal of Florida · 1980
  3. Whitfield v. WebbSupreme Court of Florida · 1931
  4. Robbinson v. Central Properties, Inc.Supreme Court of Florida · 1985
  5. Escobar v. United Auto. Ins. Co.District Court of Appeal of Florida · 2005

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