Szamocki
Szamocki v. Szamocki
Opinion
Opinion
Ashby, J.
Petitioner (appellant) appeals from the granting of respondent’s motion to quash writ of execution.
Appellant and respondent had been married. A son was born to them on September 30, 1961. Appellant obtained an interlocutory judgment of divorce on September 20, 1963, which became final on October 23, 1964. Respondent was ordered to pay $25 a week for support of the child commencing August 2, 1963, and continuing until further order of the court. The right of reasonable visitation was reserved to respondent. Respondent remarried in November 1964. Appellant remarried in June 1968.
In his declaration filed November 23, 1971, in support of the motion to quash, respondent declared: “I commenced paying the Twenty Five Dollars ($25) per week child support pursuant to the order of the court on August 2, 1963, and continued paying this support up until January 26, 1969. Meanwhile, all during that same time period, I exercised my rights of visitation by visiting with my son on weekends agreed upon throughout that period. Meanwhile, in November, 1964,1 remarried and have two (2) children of my new marriage, Kristy, age five, and Kelly, age two. Also, in June, 1968, my ex-wife, Lou…