[¶ 1] James D. Brown appeals from the judgment entered in the Superior Court (Penobscot County, Machines, A.R.J.) affirming the judgment of the District Court (Bangor, Hjelm, J.) granting the motion of Sally Weiss, fik/a Sally W. Brown, seeking an order of the court that Brown be held in contempt for failure to comply with a certain provision of the divorce judgment granted to the parties and that Brown pay to Weiss the sum of monies required by that provision. Brown contends the trial court erred by denying his motion to dismiss the motion filed by Weiss, by rejecting the introduction of extrinsic evidence relative to the intent of the parties as to the provision at issue, and by finding him in contempt and ordering him to pay $22,091 to Weiss. We affirm the judgment.
[¶ 2] The record reflects that in January 1986, the parties, who had one minor child, Andrea, were granted a judgment of divorce that, inter alia, provided:
By agreement of the parties, Plaintiff [Sally W. Brown] is to pay for four years of college education for Andrea. Any schooling she may receive beyond the four years is to be paid for by the Defendant [James D. Brown],
Neither party appealed from the judgment.
[¶ 3] In August 1994, pursuant to M.R.Civ.P. 80(j) and 19 M.R.SA. § 752 (Supp.1996), Weiss filed the present motion alleging: the judgment of divorce had not been altered or amended and remained in full force and effect; Andrea had received a baccalaureate degree, after completing five years of college; Weiss had paid for all five years; the itemized expenses represented the cost for the fifth year of Andrea’s college education; despite Weiss’s demand, Brown had failed and refused to reimburse Weiss for said cost; and requesting the court find Brown in contempt for noncompliance with the divorce judgment and order him to reimburse Weiss for said cost.
[¶ 4] After a hearing, the court denied Brown’s motion to dismiss Weiss’s motion. Following a hearing on Weiss’s motion, the court found that Brown’s total liability to
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Weiss was $22,091, that he had the present ability to pay that amount, and that he was in contempt.
1
From the judgment entered accordingly, Brown appeals. When, as here, the Superior Court acts as an intermediate appellate court, we review directly the decision of the District Court.
Knight v. Knight,
[¶ 5] Brown contends the trial court erred by denying his motion to dismiss on the ground that the phrase “schooling she may receive beyond the four years” rendered the challenged provision too vague and incomplete to be enforced. He relies, as he did before the trial court, on
Ault v. Pakulski,
[¶ 6] Brown next contends the trial court erred by rejecting the introduction of extrinsic evidence to establish the original intent of the parties with regard to the challenged provision. He acknowledges that when interpreting a divorce judgment it is the court’s intent that must be construed. He argues, however, that to determine the court’s intent consideration must be given to the parties’ understanding of the provision based upon the circumstances that existed in January 1986. We disagree. When, as here, an agreement of the parties becomes part of the divorce judgment, it is the intent of the trial court, rather than that of either of the parties, that is determinative of the rights and liabilities of the respective parties provided in the challenged provision.
See Wardwell v. Wardwell,
[¶7] Brown finally contends that because the court erroneously determined that in consideration of the facts of this case there is no ambiguity in the challenged provision, it could not find him in contempt of the provision or order that he pay $22,091 to Weiss. We disagree. Whether ambiguity exists in a divorce judgment is a question of law for the trial court.
Bliss v. Bliss,
*1211 The entry is:
Judgment affirmed.
Notes
. Although the court found Brown in contempt for noncompliance with the divorce judgment, it expressly refrained from imposing civil contempt sanctions and a purging mechanism to allow Brown'the opportunity to pay the amount due. The judgment further provided that execution should issue for the $22,091, and if Brown failed to make payments or payment arrangements to the satisfaction of Weiss, she could move for a hearing for imposition of sanctions.