Burdeshaw v. McClain

Banke, Acting Presiding Judge.

The plaintiff sued to collect on an agreement obligating the defendant to make periodic payments for the support of the plaintiffs minor child. She moved for and was granted summary judgment. On appeal, the defendant contends (1) that he signed the agreement under duress to avoid imprisonment for abandonment, (2) that the agreement violates public policy in that its purpose was to suppress a criminal prosecution, and (3) that the agreement is void because it was not approved by a court of competent jurisdiction. Held:

1. The threat of future prosecution does not…