Roth v. Roth
Roth v. Roth
Opinion of the Court
The former husband appeals, and the former wife cross-appeals from a final judgment of dissolution of marriage. We find no abuse of discretion -with regard to the three points the former husband raises on appeal. However, we do find that the former wife has raised two points in her cross-appeal which warrant reversal.
In the second point warranting reversal, the former wife contends that the final judgment does not preserve her right to the temporary support arrearage that the former husband had accumulated at the time of the final hearing. We agree, since even though the final judgment acknowledges the outstanding obligation and in no way specifically abolishes it, there is no language in the final judgment requiring the payment of the outstanding obligation. Thus, we reverse with directions to the trial court to amend the final judgment to order the former husband to pay the arrearage.
In all other respects we affirm.
Reference
- Full Case Name
- Jac A. ROTH, Appellant/Cross-Appellee v. Susan J. ROTH, Appellee/Cross-Appellant
- Cited By
- 3 cases
- Status
- Published