ANTHONY v. ANTHONY

No. 55210.

204 N.W.2d 829 (1973)

Verlene ANTHONY, Appellee, v. Ersel ANTHONY, Appellant.

Supreme Court of Iowa.

February 21, 1973.


Attorney(s) appearing for the Case

Fairall & Fairall, Marshalltown, for appellant.

Swanson & Krohn, Newton, for appellee.

Heard before MOORE, C. J., and MASON, RAWLINGS, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

This appeal turns on the validity and enforceability of a judgment for child support. Plaintiff sought to collect it by garnishment of defendant's wages. Defendant moved to release the garnishment, alleging plaintiff had orally agreed 17 years earlier to waive child support. Trial court found plaintiff had an enforceable $5350 judgment and overruled the motion. We reverse.

Three questions must be answered: Was there an agreement to waive...

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