Surface v. Surface

Víctor c. Howard, Judge.

After being awarded primary physical custody of his children in a post-decree modification proceeding, Craig Surface appeals the trial court’s judgment that he waived his right to child support from his former spouse.

We reverse and remand.

Background

Craig Surface (appellant) and Denise Surface (respondent) were married June 1, 1985. Two children were born of the marriage - C.L., born January 8, 1986, and B.S., born November 14, 1989. The parties divorced on June 19, 1995, at which time the Circuit Court of Cole County entered a judgment dissolving their marriage and…