Heath v. Heath
Heath v. Heath
Opinion
This is a post-minority support case.
The parties, Mona Heath (mother) and Foy Heath (father) were divorced in 1981. Several modifications of the divorce judgment followed in the succeeding years, with the most recent modification awarding the parties joint custody of the minor child.
In November 1993, the father filed a petition seeking, inter alia, post-minority support for the child's college education. Following an ore tenus proceeding, the trial court ordered the mother to pay post-minority support, detailing specifics regarding the amount and time and conditions of her obligation. The mother appeals, contending that such obligation places upon her an undue financial hardship, and, in part, she contends that the order is unreasonable, because she is estranged from the child.
The trial court has the discretionary authority to award post-minority support for a child's college education when such support is applied for before the child's 19th birthday, if the proper factors are considered. Ex parte Bayliss,
The parties agree that they desire for their child to attend college and that she has the aptitude to attend college. The child testified that her mother had indicated to her a desire that she attend college. The record further reveals that the child has lived with the father since approximately July 1991, and that the most recent modification provided that the necessary expenses of the child would be paid by the parent having custody at that particular time. At the time of this hearing, the child was living at home with the father and attending a local junior college. The father had paid all of the child's college expenses at that time. Testimony further revealed that the father paid all other necessary expenses for the child, including the expense of providing an automobile for the *Page 771 child's transportation. Further testimony disclosed that the child wished to transfer to a university, which would necessitate additional expenses, including room and board. The father testified that the mother had not contributed financially toward any of the child's college expenses, although the mother and the child testified that the mother had purchased some of the child's clothing.
The record indicates that the relationship between the child and the mother has apparently been strained for some time. This, however, does not preclude the child from the opportunity to obtain a college education requiring her mother's assistance. Thrasher, supra. The mother simply failed to present any evidence regarding their relationship that should relieve her of her parental responsibilities to this child.
A trial court's determination based upon ore tenus evidence is presumed correct unless there is not sufficient evidence to support its findings and judgment. Entrekin v. Entrekin,
AFFIRMED.
ROBERTSON, P.J., and YATES, J., concur.
Reference
- Full Case Name
- Mona Heath v. Foy Heath.
- Cited By
- 3 cases
- Status
- Published