Butler v. Butler

On December 17, 1958, Bill and Betty Butler, husband and wife, entered into a property settlement agreement. At that time there were one minor child of the marriage and Betty’s minor child by a previous marriage who had been adopted by Mr. Butler. By the property settlement agreement each of the parties was to receive certain specifically described personal property. ■ Additionally, it was provided: ‘ ‘ Said Husband does hereby further agree to pay to *129 said Wife the sum of $300.00 within six months from the date of the execution of this agreement. Said Wife does hereby waive any and all rights which she may have in and to all alimony or other money payments for her support and maintenance other than the foregoing. ’ ’

The property settlement agreement provided Betty was to have exclusive care, custody and control of the minor children subject to reasonable visitation rights in Bill. Bill agreed to pay $25 per week 1 ‘ as and for the support and maintenance of said children until further order of the court. ’ ’

The usual provisions were incorporated in the settlement agreement regarding waiver of rights in the other party’s property and estate. It was agreed “that an executed…