Napier v. Napier

SCHEB, Acting Chief Judge.

In the final judgment dissolving the parties’ marriage, the court made provisions *1071for alimony, awarded custody of the two-year old child to the wife (appellee) and imposed appropriate support requirements on the husband (appellant). Paragraph nine of the final judgment stipulated:

9. The Husband will be required to provide for a college education for the child should the academic performance and the wishes of the child indicate the desirability of such education past the high school level.

Appellant correctly points out that it would be error for the trial court to…