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IN RE MARRIAGE OF FRY

No. 17695.

827 S.W.2d 772 (1992)

In re the MARRIAGE OF Jimmy Ray FRY and Sandra Ann Fry. Jimmy Ray FRY, Respondent, v. Sandra Ann AINSWORTH (formerly Fry), Appellant.

Missouri Court of Appeals, Southern District, Division One.

April 15, 1992.

Attorney(s) appearing for the Case

Brian P. Taylor, Taylor & Taylor, Neosho, for appellant.

No appearance, for respondent.

CROW, Judge.

On April 4, 1991, at the instance of Sandra Ann Ainsworth ("Sandra"), a garnishment was issued against the wages of her ex-husband, Jimmy Ray Fry ("Jim"), to collect allegedly delinquent child support which, with interest, totaled $8,157.40. Jim moved to quash the garnishment, averring that by reason of an agreement in October, 1981, the sum claimed by Sandra exceeded the amount due and Sandra's claim was barred "by the doctrine of waiver by acquiescence...

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