Welsher v. Rager

491 S.E.2d 661 (1997)

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Nature of the Case

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Facts

W and H were divorced in 1980. In 1985, W petitioned for a court order to recognize an agreement for support that was executed by W and H in 1985. The court order provided that H was to be legally responsible for support of their two sons and ordered that H pay $45 per week. H signed the order. W still resided in New York, and H has moved to Winston Salem and has refused to make payments of $45 per week since July 6, 1996. The boys were born on 5/26/74 and 11/26/76. At the time of refusal, the boys were 21 and 18 with the latter just graduating from high school. W filed the present action asking for arrearages. H responded by filing an Answer for Civil Suit stating that the original decree only obligated him to support the children until they were eighteen and out of high school, that he did not knowing agree to support then until 21. H's motion to dismiss was granted. This appeal resulted.