![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
A contract for post-majority child support should be enforced in a separate contract action.
Defendant former husband and plaintiff former wife incorporated a provision for post-majority educational support for plaintiff daughter into their divorce decree. Plaintiffs, former wife and daughter, filed a breach of contract action against defendant after their attempt to enforce the provision in divorce court failed. The trial court granted defendant's motion to dismiss. The court of appeals reversed the trial court's dismissal. Defendant sought review, contending that any agreement with plaintiff former wife was merged into their dissolution decree and that the obligation to perform the agreement ended when plaintiff daughter reached majority.
Did the provision for post-majority educational support merge into the decree of dissolution so as to bar a separate claim for breach of contract?
The court approved the court of appeals' judgment in favor of plaintiffs. The court found that the post-majority educational support provision did not merge into the dissolution decree. The court concluded that the provision retained its independent nature and was enforceable as a contract claim because the divorce court did not have authority to enforce it.