Cunningham v. Cunningham

This appeal from a judgment modifying an award of child support raises a first impression issue in this state. Does the new age of majority act, which took effect subsequent to a divorce but prior to modification of support, apply to the modification order? We hold that for this purpose a modification proceeding is a continuation of the original divorce action which created a vested right to support unless modified by the court. The new age of majority act does not apply.

The parties to this action were divorced on April 3, 1964. The decree provided that George Cunningham was to pay $50 per…