Acree v. Acree

Opinion

DUFF, J.

The issue in this appeal is whether a parent is entitled to credit for nonconforming child support payments when he has, by agreement of the parties, assumed physical custody and total responsibility for the support of the child, but has obtained no modification of the decree. The trial court was of the opinion that the husband was not entitled to credit and awarded the wife a judgment for the full amount of the arrearage. Because of the unique facts of this case, we are of the opinion that the judgment of the trial court must be reversed.

I

Paul F. Aeree (husband) and Brenda E.…