Vail v. String

Citations

• 2019 Ohio 984

Syllabus

Motion to show cause separation agreement obligation to pay college expenses integration clause settlement agreement contract interpretation ambiguity integration contempt prejudgment interest R.C. 1343.03(A) due and payable attorney fees R.C. 3109.05(C) R.C. 3105.73(B). Trial court did not err in determining that subsequent settlement agreement was not intended to abrogate father's obligation to share in the costs of his daughter's college education set forth in separation agreement incorporated in divorce decree. Trial court did not abuse its discretion in refusing to hold father in contempt for failing to pay his share of his daughter's college expenses where although father was aware his daughter was attending college, there was no evidence he was informed of the amount of the expenses he was obligated to pay. Trial court did not abuse its discretion in determining that father's obligation to pay his share of daughter's college expenses became \due and payable\ upon her graduation for purposes of prejudgment interest award under R.C. 1343.03(A). Mother was not entitled to recover her attorney fees under R.C. 3109.05(C) and the trial court did not abuse its discretion in denying the parties' mutual requests for attorney fees and legal expenses under R.C. 3105.73(B) where both parties were responsible for the voluminous, protracted litigation in the case.