Marriage of Toomey v. Toomey

*314SEILER, Judge.

This ease was transferred from the court of appeals, eastern district, after opinion. This court granted transfer on the husband’s application to consider two questions: 1) is a support award that provides for the husband to pay all educational expenses of children and sets a minimum figure unenforceable by execution and thus void; 2) is the fact of a prior marriage between the parties a relevant factor for the trial court to consider in awarding maintenance? Portions of the court of appeals opinion are used here without quotation marks.

The parties had been married for more than…