reversing an award of postminority educational support because the court was unable to determine from the record the total extent of the father's financial obligation
How later courts described this case
- reversing an award of postminority educational support because the court was unable to determine from the record the total extent of the father's financial obligation
- "Rather, the trial court's consideration of a petition to modify such an undertaking is governed by the principle that ‘an agreement between the parties fixing child support payments, when incorporated into a judgment, becomes merged into the judgment and thereby loses its contractual nature to the extent that a court of equity has the power to modify the decree when changed circumstances so justify.' ”
- indicating that five years to complete collegiate studies is a reasonable time limitation
- “[T]he principles of Ex parte Bay- *43 liss, 550 So.2d 986 (Ala.1989), do not generally apply in the context of a parent’s contractual undertaking to provide postmi-nority support to minor children that is incorporated into a binding judgment”
Written by the judges who cited it.
The opinion
Insofar as the main opinion holds that the trial court did not err in disregarding the marriage of one of the children in determining the father's postminority-support obligation, I concur in the result only. In all other respects, I concur in the main opinion.