In Re Marriage Of Smith And Maescher

Facts

W and H, entered into a marital separation agreement in 1976 after eleven years of marriage. They had two minor sons, Peter and Christopher, aged seven and five, respectively. The agreement provided for payment by H of the children's college education expenses. Peter enrolled at Syracuse University in 1986 and H paid his expenses for room, board, books, and tuition for the first three years. After becoming concerned with Peter's poor academic performance, Maescher told him he would initially pay only his room and incidental expenses for his senior year and would reimburse him for his tuition and other expenses only if he attained a 'B' average his senior year. After Peter was denied financial assistance by the university, W personally loaned him the remaining money necessary to pay his tuition and other expenses for his senior year. Although Peter was short of sufficient credits to graduate (a situation of which H apparently was unaware), Syracuse University allowed him to participate in graduation ceremonies in May 1990, even though he received passing grades in only three of the eleven classes he entered during his senior year. He failed the only class he attended of the six he signed up for that spring semester. H then presented a gift of $10,000 to Peter which he suggested be used to repay W for her loan to him. W refused the money when offered by Peter. W eventually filed a complaint to enforce the separation agreement and recover $11,109 for amounts she advanced to Peter for his senior year of college and alleged arrearages in child support in excess of $28,000 for Peter and Christopher. The court denied W's claim for child support arrearages but granted her request for $11,109 in college expenses advanced to Peter, along with $1,000 in attorney fees. H appealed. H contends only Peter may enforce the contract.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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