Hartman v. Hartman

The former wife appeals a non-final order denying her motion to hold the former husband in contempt for failing to pay his one-half share of the college expenses of the parties’ oldest son, pursuant to the parties’ Marital Settlement Agreement. We reverse because, absent a pending motion to modify, the trial court lacked authority to modify the terms of the marital settlement agreement by ordering that the former husband be required to reimburse the former wife for only one-half of the cost of the oldest son’s college education, based on what the cost would have been if the child had attended…