LINDA SUE HATHAWAY v. GLENN HATHAWAY
Nov 26, 2002OUTCOME: My Client Won
The issue presented to the Trial Court and the Court of Appeals was the extent of the father’s obligation under the parties’ Marital Dissolution Agreement which contains this provision: The husband s ... hall pay all customary and reasonable tuition expenses for the parties’ minor children in obtaining a bachelor’s degree or its equivalent. After the parties were divorced on irreconcilable differences in 1987. Their two children were 5 and 2 years old. The ex-wife and children moved to Florida. The defendant remained employed by the UT Medical center for 19 years as of the date of trial. Defendant did not dispute his obligation or his willingness to pay his daughter’s tuition. He contends that the MDA should not be interpreted to mean there are no limitations whatsoever on the amount that he is obligated to pay, without regard to the reasonableness of the price, under any circumstances. At the trial the Court ruled based upon “the pleadings touching upon the question of college tuition, the trial briefs with attached authorities, and the legal argument of counsel today in court that this is a matter of law, and not a fact” and ruled that the Defendant would have to pay the full amount of the uncovered college expenses. The Defendant appealed. The Court of Appeals reversed the trial court and remanded for an Order which was exactly what was offered by my client in our first letter to the Plaintiff.
