In Re the Marriage of Sylvester

McGIVERIN, Justice.

Respondent Thomas H. Sylvester (Tom) petitioned for a declaratory judgment by the district court stating that his obligation for temporary child support, which had accrued prior to the decree of dissolution of his marriage to petitioner Eileen M. Sylvester, was unenforceable. The trial court ruled adversely to Tom. He now appeals. Upon consideration of the issues raised, we affirm in part and reverse in part.

I. Background facts and proceedings. Eileen and Tom Sylvester were married in 1968. The couple had two children: one born in 1970 and another in 1975. In 1976 Eileen…