Alessandro v. CanigliaAnnotate this Case
The Supreme Court affirmed the judgment of the family court entered in favor of Plaintiff granting her motion for relief after final judgment and ordering that Defendant comply with the terms of a previously entered consent order, holding that there was no error.
When the parties in this case divorced they executed a property settlement agreement that was approved by the family court. Later, a consent order was entered reflecting an agreement between the parties that Defendant's child support obligations would be modified and that the adjustment was in consideration of Defendant agreeing to pay one-half of private and/or Catholic educational expenses, up to and including college. Plaintiff subsequently filed a complaint for relief after final judgment alleging that Defendant refused to pay what he owed for the child's tuition. The family court entered judgment for Plaintiff. The Supreme Court affirmed, holding (1) the family court properly exercised jurisdiction in both entering and enforcing the consent order; and (2) the trial justice properly ruled that Defendant breached his contract to pay for one-half of the child's private university tuition.