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RENDERED: DECEMBER 31, 2008; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2007-CA-002061-MR GEORGE C. STEGE III APPELLANT

v.

APPEAL FROM JEFFERSON FAMILY COURT HONORABLE ELEANORE GARBER, JUDGE ACTION NO. 02-CI-500923 APPELLEE

DIANE P. STEGE

OPINION REVERSING & REMANDING ** ** ** ** ** BEFORE: CLAYTON AND VANMETER, JUDGES; KNOPF,1 SENIOR JUDGE. CLAYTON, JUDGE: The sole issue presented by this appeal is whether the trial court's modification of a judgment constituted the correction of a clerical error, under the Kentucky Rules of Civil Procedure (CR) 60.01, or made a substantive
1

Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes (KRS) 21.580.

change to the prior judgment. We find that the mistake was a substantive alteration of the agreement and, therefore, reverse and remand to the Jefferson Family Court. Dr. George Stege and Diane Stege were married on June 18, 1976. The marriage was dissolved by decree on March 13, 2003. At the time of the divorce the couple had two children at the age of majority and one child, Elizabeth, who was twelve years old. Along with divisions of property and custody matters, the trial court's divorce judgment included child support obligations for Elizabeth. The court provided instructions for payment of Elizabeth's tuition at Louisville Collegiate School (Collegiate). The judgment stated: If the parties jointly decide to continue Elizabeth in Collegiate after the present school year, then each shall be responsible for payment of tuition in proportion to the family income, 61% for Dr. Stege and 39% for Diane Stege. Dr. Stege shall be permitted to deduct his share of the tuition from his child support payments to Diane. Elizabeth continued to attend Collegiate from 2003

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