In re Marriage of Smith & Maescher

Daphne Smith (plaintiff) and Donald Maescher (defendant) signed a 1976 separation agreement ending their roughly 11-year marriage, under which Maescher owed child support until each child turned 18 and agreed to pay for each child's college education. Maescher paid for their son Peter's first three years of college, but refused to pay in advance for the fourth year, conditioning payment on Peter reaching a B average, which Peter hadn't been maintaining. Unable to get financial aid, Smith paid Peter's roughly $11,000 fourth-year tuition herself; Maescher later gave Peter a $10,000 gift and suggested Peter use it to repay Smith, but Smith refused and instead sued Maescher directly for breaching the separation agreement. The trial court ordered Maescher to reimburse Smith for the tuition.