Smith v. Smith

Facts Of Case

On August 4, 1971, the plaintiff Theresa Smith was granted a noncontested decree of divorce from defendant Dr. Donald C. Smith. The plaintiff was given custody of the parties’ two minor children.

By the decree, defendant was given reasonable rights of visitation and was required to pay $325 per month and a percentage of his adjusted gross income for the support of each of the two youngsters. A property settlement agreement between the parties was incorporated in the decree by reference.

Five days after the entry of the divorce decree, plaintiff remarried. Subsequently the defendant…