Anthony v. Anthony

McCORMICK, Justice.

This appeal turns on the validity and enforceability of a judgment for child support. Plaintiff sought to collect it by garnishment of defendant’s wages. Defendant moved to release the garnishment, alleging plaintiff had orally agreed 17 years earlier to waive child support. Trial court found plaintiff had an enforceable $5350 judgment and overruled the motion. We reverse.

Three questions must be answered: Was there an agreement to waive child support? If so, was it a valid contract? If not, is plaintiff nevertheless estopped from enforcing the child support judgment?

We have…