Linda Norris Wife filed a contempt action against her former husband, Thomas Norris, alleging that he failed to pay the college expenses of their son in violation of the final judgment and decree of divorce. The final judgment obligated Husband to pay the expenses of a college education of the minor child, including, but not limited thereto, tuition, room and board, books and other miscellaneous expenditures. The Husband’s responsibility for the expenses of the tuition of the college education shall not exceed the amount of tuition of an in-State student at the University of Georgia attending the Bachelor’s program, either as a Bachelor of Art or Bachelor of Science or other similar type degree. The trial court determined that Husband was obligated under the final judgment to pay college expenses for eleven semesters and based on evidence presented regarding the child’s expenses and monies previously provided by Husband, the court ordered Husband to pay an additional $36,210.29. We granted Wife’s application to appeal in Case Number S06A1524 to determine whether the trial court erred by imposing an eleven semester limit on Husband’s obligation to pay college expenses and reverse. S06A1524
1. Husband’s obligation to pay his son’s college expenses arose solely from the settlement agreement between the parties that was incorporated into the final decree. See OCGA § 19-7-2; Coleman v. Coleman , 240 Ga. 417 5 240 SE2d 870 1977. Based on the absence of language in the agreement specifying the time in which the child must complete his undergraduate education, the court determined an eleven semester limitation was “reasonable” and terminated Husband’s obligation for any period of time thereafter.1 “However, where the terms of a contract are clear and unambiguous, the court must look to those terms alone to determine the intent of the parties. Cit.” Hartley-Selvey v. Hartley , 261 Ga. 700, 701 410 SE2d 118 1991. In this case, the agreement obligated Husband to pay “for the expenses of a college education of” the parties’ child. The only limitation placed on Husband’s obligation was the agreement that the rate of tuition for which Husband would be responsible was the equivalent of an in-State student attending the University of Georgia in the Bachelor’s program. While the parties could have placed a time limitation on Husband’s contractual obligation to pay college expenses, they did not do so, and it was error for the trial court to impose such a limitation. See id. court erred by reading into agreement requirement that parent pay only reasonable college expenses.2
