Ward v. Williams

Gregory, Justice:

Appellant Mary Swindler Ward appeals from an order denying recovery of accrued child support on the basis of collateral estoppel. We reverse.

The parties were divorced in 1980. Respondent was ordered to pay child support; however, he was consistently delinquent in his payments. Appellant remarried, and her new husband sought to adopt the child. Appellant consented *92to the adoption, but was not made a party to the adoption action. Respondent defaulted in the adoption action, and his parental rights were terminated and the adoption was completed.

After the adoption was finalized,…