Elfeldt v. Elfeldt

OPINION

EVANS, Chief Justice.

The sole issue in this case is whether the child support provisions in an agreed order are enforceable as a common law contract. The trial court concluded, as a matter of law, that the provisions are not enforceable and rendered a summary judgment in favor of the child’s father. We hold that the provisions are enforceable as a contract, and therefore, we reverse the summary judgment and remand the cause for further proceedings.

The parties were divorced in September 1970, and in November 1975, the trial court entered an agreed modification order, approved by both…