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In re Marriage of Fetters

584 P.2d 104 (1978)

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In re Marriage of Fetters

Colorado Court of Appeals
584 P.2d 104 (1978)

Facts

A husband (defendant) and a wife (plaintiff) divorced in 1973, and a dissolution-of-marriage decree ordered the husband to pay $150 per month of child support for the couple’s daughter. In June 1976, the couple’s 16-year-old daughter traveled to Oklahoma and married a man without her parents’ prior consent. The daughter and her husband returned to Colorado and lived with the wife. The husband terminated child-support payments when the daughter was married in 1976. In February 1977, a court in Oklahoma granted an annulment for the daughter based on her petition alleging that she was underage when she married her husband and that she was married without her parents’ consent. The wife filed a motion seeking the reinstatement of support and a contempt citation against the husband. The trial court held the husband was released from his child support while the couple’s daughter was married, but the child-support obligation was reinstated upon the annulment of the daughter’s marriage. Both the husband and the wife appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Enoch, J.)

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