cited consistent with the party's existing agreement all parochial school day care and extracurricular activities and the like expenses parentless as agreed by the parties were provided by order court incurred for the benefit of the parties children will be paid fifty percent by the wife and fifty percent by the house of the joint hearing agreement and the judgment had the exact same language except the i argued the case in the trial court and i indicated that despite the fact they had only one of the documents i had that particular language the fan th a settlement agreement was incorporated into the judgment made the marital settlement agreement a power and portion of the judgment and that these particular mr for girls that this were been a piece of evidence he would have considered however we are you know we are human or brief that the fact that their particular of their particular provision was in fact incorporated represented by counsel i think it's clear that there is nothing inconsistent with the joint during your dream and miracle settlement agreement and judgment and that taken as a whole and read together it was clearly a case that everybody agreed that the judge that there would be a fifty fifty split these expenses so long as both parties agree and i think tally is this a reasonable interpretation but it's interpretation that if you think about it would be a very odd fair interpretation for both parties because the cost to parochial education today is very expensive and there should be some say so by both present for the husband it was in the marital similar agreement it wasn't in the joint p r in the room but the marital settlement agreement was incorporated in the judgment and by reference became the judge so therefore in that construction that says you don't put something into agreement that you don't want to be a part of and don't want to make it in force of so i think if you read these documents together every really agrees that there is a if if there had to be an agreement but the agreement was already in the marital settlement agreement and therefore is mine i don't think that and i respectfully disagree with judge apparently kyra that we went through this here and i and i would point out to this court that i think that it's clear what the intention of both parties was and they had judge biarne was it wrong in his interpretation when he said that he felt th provided specifically which was signed by both parties and corporate in the judgment they had these particular expenses could only be split out of a fifty fifty basis if in fact both parties agreed these expenses should be thank you costing almost as much as college there has to be some control so that both parties agree before children or are these expenses which could be literally ten ten thousand dollars a child would be split  i've got nothing for the fifty fifty split he was asked in his johnson and you're going to split procul school as you curricular activities fifty fifty yes period he did not fall off the an opportunity to cross examine him so he's indicating that  the family in family court context here i think that they are wholly separate terms it's either if someone is doing order to contribute fifty fifty by it's completely different than having no control over what the kids are in rolled in in terms of school extracurriculars at that point alarm bells would have been going off that's not the agreement saying no no no w write so late and that's the reason may be can now be read together and i think a further point and i actually brought up this argument before judge greer and he did not agree with me w as whether the portion in front is easy as agreed upon or for an order of court actually modifies the like expenses he did not agree with me and it's not included  i think part of the reason is a tool in our favor to be frank your honor but there was something i brought up early on because as mr irvine has argued or is trying to convince the court that it's a specific read together is more an agreement and i agree with them that is what the keys are states so if you're going to look at it and say well there is this if a provision there or it clarifies or modifies more general ones then you have to look at parties or provided by order of corps and friends incurred for the benefit of the parties minor children if there's any way that they could be reconciled maybe in that it's actually modifying like expenses which is the this at that point was if there was an argument between the parties as to what life expenses now you would either be as agreed upon or it would be brought up in the court would determine whether it was an extracurricular activity separate from the school that was his position at one point but i had he was never conceding that you were actually agreed to pay fifty fifty of it or one half of the way i think it was argued in the trial for but he actually never agreed to do that there was in the record there is evidence i think it was done more by representation or perhaps what he had said after she had unrolled he said i will agree if she maintains that the average that that they're splitting the expenses fifty fifty he has agreed upon so i don't think there's really a conflict he just happens to be in one document the document that was pointed out in the letter which you see in the record in which he's saying i'll  obviously was agreed to because some important judgement so that was the offer acceptance of this particular provision which refers to your question he never we never got that far because we never conceded that this was either procul school issue we never got there but on the procul school issue his position was children should go to public school i don't agree that's when we got the issue on whether in fact he had to agree before the current girl or proof your education so i would say that there was never an agreement presented to the corps that he would pay under any circumstances for the purposes of the suit and i think there if you nothing more thank you thank you judge thank you ma'am thank you of both for you