In Re Marriage of Pilcher

Appellant appeals from an order denying his request to terminate child support payments for his son who reached the age of 18 years on May 29, 1974.

The parties hereto were married May 18, 1945, and on March 24, 1-972, the court awarded an interlocutory judgment of dissolution of marriage, which was signed and entered on April 14, 1972. Custody of the son was awarded to respondent, and provided, inter alia, as follows:

The final judgment was granted on April 14, 1972, incorporating the interlocutory provisions.

Appellant made the child support payments regularly until his son reached the age of 18 years, at which time appellant, believing his son was no longer a minor and was emancipated, discontinued the child support payments.

Respondent' secured a writ of execution to collect the support accruing after the son’s 18th birthday. Appellant then petitioned for modification of the interlocutory judgment by terminating the child support provision on the ground his son was no longer a minor.

At the hearing on the order to show cause, the case was submitted on financial declarations and declarations of both parties and their attorneys. No court reporter was present and…