In Re the Marriage of Alice Toomey, Appellant v. James Michael Toomey, Respondent

Summary

The court upheld the child-support provision requiring the husband to pay at least $665 per month directly to the children's educational institutions, concluding that the amount was sufficiently definite and that direct payment did not impair the custodial parent's educational decision-making authority. It reversed and remanded the maintenance and property-distribution rulings because the trial court improperly excluded evidence concerning the parties' prior marriage and failed to determine on the record whether the husband's pension was separate or marital property. The court directed further proceedings addressing the relevance of the parties' entire relationship and the character and equitable division of the pension.