Barnaby v. Barnaby

In 1925, plaintiff, Milton Wayne Barnaby, was granted a decree of divorcé from defendant and the custody of the two-year old son was awarded to defendant, with the provision that she should have the care of the child until he reached the age of 16 years, or until the further order of the court. Plaintiff was required to pay to the clerk of the court the sum of $5 per week for the care, support, and education of the child, and was permitted the right to see and visit the child at all reasonable times and at least once a week.

For many years, plaintiff dutifully made the required payments. As…