Cunningham v. Cunningham

Steele Hays, Justice.

The appellant, Reba Cunningham, and the appellee, Malcolm Cunningham, entered into a separation agreement on October 2, 1975. Commencing in October 1975, the appellee agreed to pay the appellant $500 per month in child support as long as the appellant “shall have custody of the children or either of them.” The Cunninghams divorced on August 18, 1976, with the divorce decree incorporating the October 1975 property settlement agreement.

The appellee stopped paying child support on March 2, 1978, due to financial difficulties. The appellee filed for social security retirement…