Buland v. Buland

By JUDGE JAMES H. CHAMBLIN

This cause is before the Court on the issue of the application of the child support escalator clause of the marital settlement agreement in light of a reduction in child support previously granted by the Court. The Court heard oral argument on October 26, 1990.

For the reasons hereinafter set forth, the escalator clause is found to be a contractual provision which this Court cannot modify. The clause is not child support; and, further, the adjustments under the clause must be based upon the child support as originally provided for in the agreement.

In October, 1988,…