Strayton v. Willwerth

Lee-Ann Willwerth (mother), the former wife of Bruce Strayton (father), appeals from a judgment of modification entered by the Probate and Family Court requiring her to pay forty-five percent of all college expenses incurred by the parties' child. We reverse.

Background. The parties were divorced on July 24, 2001 (nunc pro tunc to March 23, 2001), pursuant to a judgment of divorce incorporating their separation agreement. Under the terms of the separation agreement, the mother received primary physical custody of the parties' two year old child, and the father agreed to pay alimony and child…