In Re Marriage of Wight

Bruce Wight appeals from order of October 18, 1988, denying his motion to quash writ of execution for unpaid child support and interest thereon in the sum of $30,596.40, based on a 1970 interlocutory judgment of dissolution of marriage which ordered him to pay child support of $25 per week beginning March 14, 1970.

Factual Background

Bruce and Sharon Wight were divorced pursuant to an interlocutory judgment of dissolution of marriage filed in April 1970. Pursuant to the judgment, Bruce was to pay for the support of the couple’s son born in July 1966, $25 per week beginning March 14, 1970, and continuing until the child “reached maturity, become married, emancipated, self-supporting, died or further order of the Court.”

Between March 14, 1970, and January 4, 1985, when the son was emancipated, child support arrearages had accrued in the principal sum of $18,905. In April 1987, respondent obtained a writ of execution for the amount of unpaid installments of child support plus interest thereon not more than 10 years past due on the date of the application for the writ. Her application stated that the “Failure to claim interest, or amounts more than 10 years overdue, shall…