Paulk v. Paulk
Paulk v. Paulk
Opinion of the Court
Melanie B. Paulk (“the mother”) appeals from a judgment entered by the Mobile Circuit Court (“the trial court”) in a post-divorce action to the extent that it held her in contempt of court for failing to pay educational expenses for the parties’ children, J.E.P., C.G.P., and J.G.P., and to the extent that it offset the amounts that Robert A. Paulk (“the father”) owed for child support and the children’s medical expenses against the amounts that she owed for the children’s educational expenses. We reverse the trial court’s judgment.
Procedural History
On April 14, 2004, the parties were divorced by a judgment entered by the trial court; that judgment incorporated an agreement entered between the parties. Among other things, the divorce judgment awarded the mother, in effect, sole physical custody of the children and ordered the father to pay child support and one-half of the children’s noncovered medical and dental expenses. The divorce judgment also included a provision stating: “THAT the [father] shall be responsible for the payment of tuition for the three minor children to attend [UMS-Wright Preparatory] School, and the [mother] shall be responsible for activity fees, books and uniforms. The [father] shall not be responsible for payment of the three minor children to attend any other private school unless agreed upon by the parties.”
On June 12, 2012, the father filed a petition seeking to modify custody of C.G.P. The mother subsequently answered that petition and counterclaimed, requesting that the father be held in contempt for, among other things, failing to pay child support and certain medical expenses incurred by the children. On October 18, 2013, the father filed a reply to the counterclaim; he also counterclaimed for a rule nisi, alleging that the mother had failed to pay for “activity fees, books, uniforms and meals” related to UMS-Wright Preparato
On July 21, 2015, the trial court entered a judgment resolving all the issues raised by the parties.
Discussion
I. Contempt
On appeal, the mother argues that the trial erred in holding her in contempt because, she says, she did not believe that she was required to pay the expenses for UMS-Wright Preparatory School after she had declined to enroll the children in that school for one year and had then re-enrolled them the following year and because the father had agreed to pay those expenses upon the children’s re-enrollment. She contends that her failure to pay was not willful.
“It has long been held in this state that if the parties to a divorce proceeding have entered into an agreement in anticipation thereof and request that its provisions in full or in part be included in the decree of the court, such agreement, if incorporated, loses its contractual nature insofar as the right to modify it is concerned. Hutton v. Hutton, 284 Ala. 91, 222 So.2d 348 (1969). This court has said that if there is an agreement between the parties and it is not merged or superseded by the decree of the court, it remains a contract between the parties and may be enforced as any other contract. However, any part of the agreement which is merged in the decree is subject to the equity power of the court and is no longer of a contractual nature. East v. East, 395 So.2d 78 (Ala.Civ.App. 1980), cert. denied, 395 So.2d 82 (Ala. 1981).”
Oliver v. Oliver, 431 So.2d 1271, 1275 (Ala.Civ.App. 1983). See also McCreless v. McCreless, 673 So.2d 438, 440 (Ala.Civ.App. 1995). Accordingly, because, in the present case, the parties’ agreement concerning the payment of tuition and expenses associated with the children’s attendance at UMS-Wright Preparatory School had been incorporated into the divorce judgment, the parties were not permitted to modify the agreement without approval of the trial court. Therefore, the mother’s obligation under the divorce judgment may still be enforced against her.
However, although a party will not be relieved of his or her obligations
II. Offset
The mother also argues that the trial court erred in offsetting the amount she owed for the children’s activity fees, books, and uniforms associated with their attendance at UMS-Wright Preparatory School against the amount the father owed for child support. She cites Caswell v. Caswell, 101 So.3d 769- (Ala.Civ.App. 2012), in support of her argument. In Caswell, this court held that the trial court in that case had erred in awarding a credit “against the father’s child-support arrear-age for expenditures related to the children’s extracurricular activities” because the parties had been “required [by the divorce judgment] to equally share in expenditures related to the extracurricular activities of the ‘minor children,’ [and because] that obligation is separate and distinct from the father’s obligation to pay child support pursuant to the child-support guidelines in Rule 32, Ala. R. Jud. Admin.” Caswell, 101 So.3d at 774. See also Deas v. Deas, 747 So.2d 332, 337 (Ala.Civ.App. 1999) (“The child support guidelines are designed to provide for the basic support needs of a child.”). Similarly, in the present case, the mother’s obligation with regard to the expenses associated with the children’s attendance at UMS-Wright Preparatory School is “separate and distinct from the father’s obligation to pay child support pursuant to the child-support guidelines in Rule 32, Ala. R. Jud. Admin.” Caswell, 101 So.3d at 774. Therefore, in accordance with Caswell, we reverse the
The mother also argues that the trial court failed to determine what amounts had not been paid by either party, plus any interest owed, and failed to show what amounts were being offset. Because we are reversing the trial court’s judgment to the extent that the trial court offset the amount the mother owed for the children’s activity fees, books, and uniforms associated with their attendance at UMS-Wright Preparatory School against the amount the father owed for child support, the trial court is instructed on remand to calculate the amounts the parties owe in accordance with this opinion.
Conclusion
Based on the foregoing, we reverse the trial court’s judgment insofar as it found the mother in contempt of court and insofar as it offset the amount the mother owed for the children’s activity fees, books, and uniforms associated with their attendance at UMS-Wright Preparatory School against the amount the father owed for child support. On remand, the trial court is instructed to calculate the amount's the parties owe in accordance with this opinion.
The mother’s request for an award of attorney’s fees on appeal is denied.
REVERSED AND REMANDED WITH INSTRUCTIONS.
. The issue raised in the mother’s counterclaim regarding the children’s prepaid-college-tuition plans was impliedly waived at the trial because no evidence was presented regarding that issue. See Posey v. Mollohan, 991 So.2d 253, 258 (Ala.Civ.App. 2008). All the other issues raised by the parties were specifically addressed in the trial court's judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.