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ROBB, Judge, concurs with opinion.
I write separately to emphasize that although parents are free to agree to payment of amounts in addition to the basic child support obligation, I believe any such agreement should be narrowly construed to avoid imposing on parents the obligation to pay expenses of a different type and magnitude than those to which they actually agreed. Any other construction would have a chilling effect on parents' willingness to agree to pay additional amounts for minimal elementary and secondary education expenses if they think that by so agreeing they may end up being "on the hook" for college expenses even if a petition to modify is not otherwise timely filed.
Subject to the above observation, I concur.
Document Info
Docket Number: 03A01-0407-CV-293
Citation Numbers: 824 N.E.2d 1288
Judges: Crone, Riley, Robb
Filed Date: 4/8/2005
Precedential Status: Precedential
Modified Date: 8/26/2023