Price v. Price

I must respectfully dissent from the majority opinion because the Court of Appeals was correct in affirming the circuit court on the basis that the failure of a parent seeking child support to have actual custody of the child can terminate the duty to pay support to that parent.

In this case, the Court of Appeals and circuit court were correct because the oral agreement between the parties satisfied any child support obligation. The change in actual custody and the ending of child support payments constituted a complete acquiescence by the wife to the oral modification of the custody…