Opinion
Record No. 2118-92-1
October 12, 1993
FROM THE FAMILY COURT OF THE CITY OF CHESAPEAKE TIMOTHY S. WRIGHT, JUDGE DESIGNATE.
Douglas Fredericks, for appellant.
Mark S. Smith (Michael R. Davis; Croshaw, Beale, Hauser Lewis, on brief), for appellee.
Present: Chief Judge Moon, Judges Baker and Bray.
Argued at Norfolk, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
The judgment of the trial court ordering William G. Lowell to pay Nancy K. Lowell $500 per month pursuant to the terms of the stipulation agreement incorporated into their divorce decree is reversed because the uncontradicted evidence of Nancy K. Lowell established that she paid nothing for the college education of Victoria. The evidence showed that the money expended was Victoria's money from other sources. No dollar amount as to the cost of room and board were proven in the case so as to justify a judgment on that account in any amount in favor of Nancy K. Lowell.
This decision is not to be construed in any respect as deciding that the stipulation agreement may not be enforced as a third party beneficiary claim by Victoria Lowell or another for reimbursement of money expended by or for Victoria's college education.
Reversed.