Esser v. Esser

Hunstein, Justice.

The parties were divorced in January 2003 by a final decree incorporating their mediated settlement agreement. The settlement agreement provides, in pertinent part, that Husband will pay child support in the amount of $28,000 and that he will discharge his child support obligation by offsetting the amount Wife owed to Husband for his equitable interest in the marital home. Before the final decree was entered, however, Wife hired new counsel and filed a motion to set aside the agreement arguing that the child support provision improperly allows Husband to avoid his child…