Question

The Flomers were divorced in 2001. At the time of their divorce, they negotiated a settlement agreement containing the following post-minority-educational-support provision for the benefit of their then minor daughter, Jessica: For the support and maintenance of the daughter, the father shall pay and be responsible for all reasonable costs of her postsecondary education. The parents agree to make reasonable efforts to obtain grants and/or scholarships for the daughter. The parents' agreement was incorporated into the divorce judgment entered by the court. In 2006, in a custody modification/contempt proceeding involving the Flomers' other minor child, the court entered a judgment that stated in part, "Father shall continue to pay for the daughter's . . . college tuition, books and fees." Jessica began her college studies at Auburn University in Montgomery in 2003. She completed the prerequisites for pharmacy school and then transferred to pharmacy school at Auburn University in 2004. She graduated from pharmacy school in 2008. In 2008, Jessica sent her father a letter informing him that her student loans were about to come due and seeking $62,000 plus interest for tuition that had not been covered by scholarships or grants. Jessica ultimately filed a petition in court to have her father held in contempt for his failure to comply with the post-minority-educational-support provision of her parents' divorce judgment. Was Jessica entitled to enforce that provision against her father?



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  • CreatedJuly 16, 2014
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