Weaver v. Jones

Benham, Justice.

When the parties were divorced, the decree, based on an agreement between the parties, awarded custody of the parties’ son to Jones, the mother, and provided that Weaver, the father, would pay child support. The decree also provided that if the son “elects to live with the Husband when he attains the age of fourteen (14) years, the Wife shall pay the child support” which Weaver was to pay to her while the son resided with her. The parties’ son did elect to live with Weaver, but Jones never paid any child support. After his son reached the age of 18, Weaver sought to recover…