Haxton v. Haxton

Father appeals from a judgment of the trial court requiring him to pay $225 monthly for support of his mentally handicapped son, James, who is over the age of majority and is not attending school. We reverse.

Mother first sought to require father to contribute to the support of James by a motion to modify the decree of dissolution of their marriage. Two months later, she commenced a separate action for his support as a dependent child, first in her own name and, later, by an amended complaint as guardian ad litem for James. The two proceedings were consolidated for trial.

At the time of trial,…