Vining v. Vining

L. CHARLES WRIGHT, Retired Appellate Judge.

The parties were divorced in 1971. By agreement of the parties, which was incorporated into a final decree, the mother was awarded custody of the three younger children, and the father was awarded custody of the two older children. The father agreed to pay to the mother $200 per month in child support.

In March 1990 the State of Alabama, on behalf of the mother, filed a petition for rule nisi, alleging that the father was in arrears in his child support payments. At a hearing before a referee, the mother testified that the parties were divorced by a…