ISSUE: Payment of college expenses.

FACTS: The parties agreed to share equally college expenses (defined in the agreement) for their children not to exceed the cost of UCONN. The agreement included the following provision:
“All grants and scholarships … shall be applied first towards such college expenses and the balance equally assumed by the parties ….”.
For the first year, the oldest child’s college tuition was $42,700 and the cost of UCONN would have been $20,400. The child had $19,833 of grants and scholarships. The Husband proposed paying one half of the difference between $20,400 and $19,833. The Wife argued that the $19,833 should be applied to the total tuition, leaving a balance due in excess of $20,400 and that therefore each parent’s obligation would be $10,200.

HOLDING: The judge agreed with the Wife’s interpretation of the divorce agreement.

LESSON: If college expenses are going to be limited to UCONN as a term of the dissolution agreement, as a matter of contract drafting the provision should be clear regarding the mathematical formula to apply if the child attends a school with tuition in excess of UCONN.