Thomas v. Thomas

BRIGHTMIRE, Judge.

Max Thomas was adjudged guilty of not complying with a child support order and sentenced to 60 days in jail. He appeals contending he is being punished for violating a void order and the sentence should therefore be vacated. We agree that he is and reverse.

I

Marilyn Thomas divorced Max on April 14, 1970. In the decree she was given custody of their three-year-old child, and Max was ordered to pay $50 a month for his support. Two weeks later the parties, without effecting a vacation of the decree, resumed a marital relationship which lasted nearly a- year. Following a…