Cherrington v. Gardner

BARRY, Judge.

A divorced husband appeals a judgment ordering him to pay child support on behalf of an illegitimate child born to his ex-wife prior to their marriage.

Richard and Carmen Gardner were divorced by a consent judgment on April 6, 1983 which decreed that he pay support for their child, Adam Gardner, and for her minor child, Christopher Cherrington, according to an agreement signed by the Gardners that day. The agreement recognized that Adam was born during the marriage, both parents were given joint custody, and Mr. Gardner would pay $500.00 per month for Adam’s support to be…