Gulley Ex Rel. Utah State Department of Social Services v. Gulley

I respectfully dissent.

When the defendant paid Mrs. Gulley $10,000 she did not release him from all of his support obligations. The defendant received only a receipt for that amount and an acknowledgement that it was paid on the account of his support obligations under the decree, for prepayment for a specified period. Defendant admits he was obligated to resume payments for support when that prepaid amount was exhausted in the late fall of 1976.

The State commenced action on June 28, 1976, claiming in its pleadings that defendant failed to provide support for the children as ordered in the…