Henderson v. Henderson

Lucia Faye Henderson appeals the dismissal with prejudice of her petition to modify the order requiring Michael Rex Henderson to contribute to the support of their child. We reverse and remand with directions that she be allowed to amend the petition to modify.

When the parties’ marriage was dissolved, Mr. Henderson was ordered to make child support payments until his daughter’s eighteenth birthday. Thereafter, Mrs. Henderson filed a petition to modify, alleging that the parties’ then eighteen-year-old daughter was still in high school, with a reasonable expectation of graduating in May of…