In re the Marriage of Lindsey

Patricia Lindsey appeals from the decree of dissolution which did not include a judgment for past due child support arrearages. We reverse and remand.

A temporary order was issued in the dissolution proceeding directing the husband to pay $530 per month in child support. Little was paid. At trial, the wife requested judgment for the child support arrearages. The court refused, stating "I'm not saying it's no longer owed. I'm just not going to put it in the decree." The court wanted to give the husband a "fresh start."

Temporary support installments become judgments as they fall due.1 Temporary…