Opinion

Thomas v. Campbell

  • 960 So. 2d 694
  • 2006 WL 3691617
Court
Court of Civil Appeals of Alabama
Filed
Dec 15, 2006
Status
Published
Author
Bryan
On the bench
Bryan, Pittman
Cited by
12 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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