Solomon v. Findley

Supreme Court of Arizona · Family Law

Family Lawpost-majority educational supportmerger of settlement agreementscontract enforcement after dissolutionfamily lawdivorcedissolution decreemerger

Facts

In the parties' joint petition for dissolution, the husband agreed to provide educational funds to the best of his ability for their minor child through college or until age 25, whichever came first. The dissolution court approved that agreement and incorporated it into the default decree. When the daughter was past the age of majority, Solomon first sought enforcement through the decree, but the divorce court denied relief for lack of jurisdiction. Solomon then sued for breach of contract, and the trial court dismissed on the ground that the agreement had merged into the decree.

Issue

Whether the post-minority support provisions of an agreement between divorcing parents merge into the decree of dissolution so that a separate breach of contract action is barred.

Rule

A contract for child support merges into and may be enforced through the dissolution decree only to the extent the divorce court has authority to enforce it while the child is a minor. A provision requiring support after the child reaches majority does not merge into the decree, because the divorce court lacks jurisdiction to enforce post-majority support, and that provision remains enforceable in a separate contract action.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Dana Mercer and Eric Sloan dissolved their marriage under a decree that incorporated their signed agreement. One paragraph required Eric to pay $900 per month for their 15-year-old son until he turned 18. After Eric missed six months of payments while the son was still 16, Dana filed a separate civil action for breach of contract instead of seeking relief in the dissolution court.

What is the strongest argument against Dana's contract suit?

Explanation. The majority drew the merger line based on the divorce court's enforcement authority. Child-support obligations enforceable while the child is a minor merge into the dissolution decree and are enforced there. Because the missed payments concerned support during minority, the proper avenue is enforcement in the dissolution court, not a separate contract action. (Derived from Solomon v. Findley (n.d.).)