Smith v. Smith

Yesawich, Jr., J.

In November 1983, after 16 years of marriage, the parties divorced. Their separation agreement, which was incorporated into the divorce decree, provides, in paragraph 19 thereof, that petitioner "covenants and agrees to pay all sums necessary [or] desireable [sic] for the support and maintenance of the [child of the marriage]”.

Petitioner filed a petition seeking to modify the divorce judgment to require respondent, the noncustodial parent, to share the child’s college costs; the child entered the freshman class at the University of Vermont in the fall of 1988. After a…