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Solomon v. Findley

Supreme Court of Arizona

808 P.2d 294 (Ariz. 1991)

Relevant factsFree

Findley (defendant) agreed in his divorce settlement with Solomon (plaintiff) to pay for their daughter Adrienne's college education, and that agreement was incorporated into the divorce decree; after Adrienne reached majority, the divorce court found it lacked continuing jurisdiction to enforce the education provision, and when Solomon instead sued for breach of contract, the trial court dismissed on the theory the agreement had merged into the (now unenforceable) divorce decree, though the court of appeals reversed.

IssueFree

Whether a parent may pursue a claim for post-majority educational support for a child through a breach-of-contract action rather than through enforcement of a divorce decree containing such a provision.

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