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Goodell v. Oliver

The ex-husband's voluntary contractual obligation to make monthly payments for the support and schooling of his ex-wife's children did not end with her death.

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Michael J. Goodell Husband and Kelly Goodell Wife were married on June 29, 1999. They both had children from previous marriages, but they do not have any children together. On August 14, 2006, the Goodells were divorced by a Final Judgment and Decree which incorporated a settlement agreement. Pursuant to this decree, Husband was required to pay alimony to Wife until her remarriage. Husband also voluntarily agreed to make the following payments for the benefit of Wife’s two children after Wife’s remarriage:

A sum to be paid by Husband to Wife, of $1,200.00 per month, the first such payment being due on the first 1st day of the month next following the remarriage of the Wife, each succeeding payment being due on the first 1st day of each succeeding month thereafter, and the last such payment being due August 1, 2012, if A. W.is not then enrolled as a full time high school student, or an applicant or accepted for admission to post-secondary education. . . . . A sum to be paid by Husband to Wife, of $1,200.00 per month, the first such payment being due on the first 1st day of the month next following the remarriage of the Wife, each succeeding payment being due on the first 1st day of each succeeding month thereafter, and the last such payment being due August 1, 2015, if B. W. is not then enrolled as a full time high school student, or an applicant or accepted for admission to post-secondary education.

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