Wimpee v. Wimpee
Wimpee v. Wimpee
Opinion
The parties were divorced in April 1991. The judgment of divorce, ratifying an agreement of the parties, contained the following pertinent provision:
"8. [Mother] shall be responsible for one-half of their son's college expenses to include cost of tuition, meals, dormitory, and books, when and if she shall obtain full-time employment in her chosen field of sales and marketing, or comparative employment."
In July 1991 the mother filed a petition to have the father held in contempt of court for *Page 288 failing to pay the son's college expenses. The mother amended her petition in September 1991 and requested that the trial court clarify the provision in the judgment relating to the son's college expenses. Based on the pleadings and a brief submitted by the mother, the court interpreted the provision to mean that the father was responsible for all of the son's college expenses until the mother obtained full-time employment. Once the mother became fully employed, the parties would equally divide the expenses. The father filed post-judgment motions, which were denied. He appeals.
The father asserts that the trial court lacked jurisdiction to entertain the mother's petition because there was no ambiguity in the final judgment.
When a trial court adopts a separation agreement, it is merged into the final judgment of divorce. Dees v. Dees,
The trial court had jurisdiction to entertain the mother's request for clarification and interpretation. Grizzell;Patchett v. Patchett,
The judgment of the trial court is affirmed.
The foregoing opinion was prepared by Retired Appellate Judge L. CHARLES WRIGHT while serving on active duty status as a judge of this court under the provisions of §
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Benjamin Mark Wimpee v. Sammy Dean Wimpee.
- Cited By
- 24 cases
- Status
- Published