Charles v. Leavitt

Hunstein, Justice.

Michelle Leavitt brought a contempt action against her former husband, Nicholas Charles, alleging that his failure to assume financial responsibility for the college education of the parties’ two children violated the parties’ settlement agreement. The trial court refused to dismiss Leavitt’s action and we granted Charles’ application for discretionary review. We reverse.

The settlement agreement negotiated and entered into by the parties provides in pertinent part in Paragraph 15 that should the parties’ children desire to attend college, Charles would assume certain…