Ex-husband did not breach provision of agreement executed by parties in conjunction with their divorce, stating that he would be “responsible for” children’s college expenses, by satisfying son’s college expenses not with personal funds, but by withdrawals from a fiduciary account established by ex-husband’s parents for his son’s benefit. Source of funding son’s college expenses was immaterial, so long as the party who insured payment was ex-husband and not ex-wife.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com