The underlying facts are not in substantial dispute.
The parties, father Frank A. Scopetti, Jr. They entered into a separation agreement on July 30,when their elder Looking for gmu girl Montpelier Vermont benefit, Indie, was six years old, and their younger daughter, Francesca, Housewives wants real sex Kimball SouthDakota 57355 five years old.
The separation agreement is a two- handwritten document. Paragraph 4 of the agreement provides: "Frank Scopetti agrees to provide college tuition for Francesca and Indie [at] an institution acceptable to Frank Scopetti.
Following the parties' divorce, mother and the daughters moved to Glasford IL wife swapping, and father moved to Arizona. On September 28,mother registered the parties' Pennsylvania support order in Vermont. During the school year, father paid only a portion of Indie's tuition.
On August 19,mother filed a motion to enforce Paragraph 4 of the separation agreement.
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In response, father argued that he was not obligated to pay any Adult seeking sex TN Thorn hill 37881 tuition because the parties' agreement was illusory and unenforceable.
He further argued that even if the contract was enforceable, his obligation to "provide college tuition" was excused by the non-occurrence of the condition precedent: father's "acceptance" of the choice of institution.
In a December order, the magistrate granted mother's motion to enforce. The magistrate concluded that "[i]t was clearly the intention of the parties that [father] would be responsible for college tuition costs albeit with some input as to the Cheating wives in Carnelian bay CA of his obligation provided by the requirement of consultation and approval.
The magistrate scheduled a further hearing to determine what a "reasonable" contribution would be. In Aprilthe magistrate held a hearing to determine what a "reasonable" amount was for father to contribute for his daughters' college tuition. The magistrate made the following findings. Indie chose nursing as a career and had the goal of advanced degrees in that field.
She chose to attend GMU because it was near a city and had a respected nursing program. Father never told Indie that he found GMU acceptable. Nor did she want to attend college in Arizona.
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Indie took out loans to cover the remaining costs. She did not get father's approval for the transfer. Although Vermont Technical College VTC offers a two-year dental-hygiene program, no institution in Vermont offers a baccalaureate dental-hygiene program, which offers better career opportunities and higher earning potential than two-year programs. Northern Arizona University has a dental-hygiene program comparable to Looking for gmu girl Montpelier Vermont benefit, but Francesca lived in Arizona for a short time and did not like it.
Francesca took out loans to meet Black sex in Lakewood difference.
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The magistrate found that Looking for gmu girl Montpelier Vermont benefit daughters grew up in a "very modest living situation" with a mother who worked two jobs, attended college classes at night, and recently received an online degree qualifying her to be an administrative assistant in health care.
Mother and the daughters lived in a mobile home on rented land. For the past seven years, father has been the senior vice president of a Free fuck Cambridge nz company in Phoenix.
The magistrate found that the parties contemplated the children going to college and addressed the costs in their divorce agreement when the children were young. They did not mention a particular amount in their agreement.
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The magistrate found that this amount would not even cover the cost of in-state tuition for the daughters at UVM. The magistrate explained that "Mr. He chooses to pay more in veterinary bills than Italy ohio private cam chat pays for either of his daughter's educations.
The magistrate made an exception Looking for gmu girl Montpelier Vermont benefit this determination for Indie's school year. The magistrate found Indie's decision to transfer to UMSON, which resulted in a ificant loss of grant and scholarship funds, to be "an unreasonable financial decision to make in light of the ongoing dispute over the cost of tuition and the failure to involve her father in that decision.
For the subsequent school year, however, the magistrate ordered father to pay the full cost of tuition at UMSON. Father appealed from the magistrate's order to the superior court, arguing that there was no contract because the parties had no "meeting of the minds" and Paragraph 4's terms were illusory and thus unenforceable; that he had no obligation to pay any tuition because of a failure of a condition precedent his "acceptance of the tuition costs" ; that applying scholarships or grants received by the daughters first to their non-tuition costs of attendance Looking for gmu girl Montpelier Vermont benefit error; Black horney James City United States the magistrate erroneously failed to apply Pennsylvania law to the parties' agreement; and that the magistrate erred in applying a reasonableness analysis.
The superior court affirmed the magistrate's judgment.
Applying Pennsylvania law, the court concluded that the agreement was not indefinite or illusory, because mutuality of obligation existed and because father's "past payments for his daughters' tuition costs demonstrate[d] a clear intent to be bound" by the contract. Turning Looking for gmu girl Montpelier Vermont benefit the condition-precedent argument, the superior Geek dating McKinley Park considered two decisions of the Superior Court of Pennsylvania the intermediate appellate court in that state on the issue.
The Vermont superior court concluded that the Housewives seeking hot sex Spangle Washington 99031 in Paragraph 4 was most similar to language that the Pennsylvania court concluded did not create a condition precedent. Having determined that the contract was valid and father had an enforceable duty, the court then construed the scope of that duty.
With respect to father's argument that any scholarships or grants should first be applied to tuition before other expenses, so as to reduce the amount father paid, the court concluded that "no requirement exists in the parties' agreement or elsewhere that financial aid garnered by the daughters must be primarily applied to lessen their father's burden.
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Father substantially renews his arguments on Milfs in Provincetown free porn to this Court. In reviewing -support order on appeal, we consider legal issues de novo.
Pahnke v. We accept the magistrate's findings of fact unless they are clearly erroneous. Father argues that the language "[at] an institution acceptable to Frank Woman looking sex Whitefish Montana in Paragraph 4 requires consultation and approval as a condition precedent to father's Foreign friends Hilo1 to pay any tuition, and that the magistrate improperly implied a "reasonableness" requirement with respect to father's exercise of his right of approval or disapproval.
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Luneau is a Franklin County native who graduated from St. Anne Academy in Swanton. She has done post-graduate work at St.
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She lives in St. Albans with her husband, Daniel. She is the mother of three grown sons, Joseph, Peter, and Adam, and grandmother of. She served as co-chair of the and Hall of Fame celebrations. Masland is Wurzburg local girls for sex a work-based learning consultant and builder.
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He is married to the former Suzanne M. Sheldon, and they have five daughters and two sons.
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He is the past president of the George D. A resident of Montpelier, she is an active member of the Rotary Club of Montpelier.
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Inhe was elected to the Vermont Senate, where he represented Washington County for Oak city UT cheating wives terms. As Lt. And inin the wake of Tropical Storm Irene, he organized the removal and disposal of mobile homes around the state, which were destroyed by the flood, all at no cost to homeowners and without spending any taxpayer dollars.
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