Massey v. James

George Rose Smith, Justice.

The parties to this appeal were divorced in February, 1970. Both have remarried. During the pendency of the divorce case the parties made a written agreement, approved by the court, about the custody and support of their son Terry, who is now seven years old. The agreement provided that the appellee would have the custody of the boy for nine months of each year and that the father would have custody during the three summer months. The agreement also required the father to make support payments of $60 a month “during the periods of custody of the wife.”

The main issue…