04/17/95 Ritchard S. Noble V. Mary Hudson Fisher

In this appeal, Ritchard S. Noble challenges the magistrate's decision to increase his child support obligation. Noble contends that the magistrate should not have considered the additional income he was receiving from a second job which he began working after the divorce decree was entered in calculating his child support obligation under the Idaho Child Support Guidelines. Also at issue is whether a provision of the parties' Child Custody and Property Settlement Agreement, which provided that Noble would pay one-half the education expenses if his two daughters chose to attend college, is valid and enforceable by the court in this proceeding to modify the divorce decree. For the reasons set forth below, we affirm the magistrate's order increasing Noble's child support obligation, and we reverse the magistrate's judgment declaring Noble's agreement to pay his children's college expenses void, but affirm that portion of the judgment which held that the agreement could not be enforced through an action on the divorce decree.