225 Cal. App. 4th 478
Cal. Ct. App.2014Background
- Drescher and Gross divorced in 2001; marital settlement agreement (MSA) incorporated into judgment allocated college expenses between parents.
- MSA categorized some support as child/spousal support and treatment of college costs as a separate, non-modified provision.
- MSA required each parent to pay half of college costs for each minor child as long as reasonably matriculating, applicable to undergraduate California schools.
- In 2011, Gross sought modification of child support and enforcement of college expense obligation; Drescher claimed disability and reduced income, Gross earned ~$421,000.
- Trial court modified child support and enforced college expense provision but held it lacked jurisdiction to modify college expenses absent express modification right in MSA.
- 2012 Drescher petition for modification of college expenses argued for reallocation based on income disparity; trial court denied modification and ordered Drescher to reimburse tuition.
- Appellate court reverses, holding parents may contract to limit modification of adult child support under §3587 if the agreement expressly restricts modification; in this case, the MSA did not expressly restrict modification.
- Remand directed to consider whether college expense allocation should be modified in light of incomes and assets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the college expense order governing adult child support is modifiable. | Drescher contends modification is permissible due to changed circumstances. | Gross contends college expenses aren’t subject to modification because they’re contractual, not child support. | Yes, modifiable unless expressly restricted by the agreement. |
| Does the MSA expressly restrict the court’s modification jurisdiction over college expenses? | Drescher argues no express restriction; modification should be allowed. | Gross argues lack of express restriction prevents modification. | MSA lacks an express, specific restriction; court had jurisdiction to modify. |
| Are college expenses for an adult child governed by child support framework, hence modifiable, when included in family support? | Treat as child support embodied in family support provisions. | College costs are not explicitly child support in MSA. | College expenses, within family support, fit child support; order modifiable unless restricted. |
Key Cases Cited
- Armstrong v. Armstrong, 15 Cal.3d 942 (Cal. 1976) (contractual vs. court-imposed modification split; integration with other statutes)
- In re Marriage of Alter, 171 Cal.App.4th 718 (Cal. App. 2009) (general modification authority subject to §3587 in the context of agreements)
- In re Marriage of Bodo, 198 Cal.App.4th 373 (Cal. App. 2011) (modification of adult child support under contract framework)
- Lucas v. Elliott, 3 Cal.App.4th 888 (Cal. App. 1992) (contract interpretation when no extrinsic evidence exists)
- Edwards v. Edwards, 162 Cal.App.4th 136 (Cal. App. 2008) (standard for reviewing modification of support orders)
- In re Marriage of Stanton, 190 Cal.App.4th 547 (Cal. App. 2010) (material change in circumstances requirement for modification)
- In re Marriage of Baker, 3 Cal.App.4th 491 (Cal. App. 1992) (finality and modification principles for support orders)