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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR SAINT LUCIE COUNTY
STATE OF FLORIDA
CASE N0. 79-643-FR
SONDRA K. LEHMAN
Petitioner
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v.S 4
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DAVID K . 1.EHMAN
Respondent
O R D E R
A petition under the provision of the Uniform
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Reciprocal Enforcement of Support Act was filed to require ~
support payments pursuant to a final judgment of divorce
entered in California in 1964 alleging an arrearage of in
excess of $9,000. The husband appeared and testified that
there was an oral agreement to modify the sum of $145 per month
to $100 per month and the parties have relied on said agreement
~ since 1966.
After hearing testimony and arguments of counsel,
this Court finds that the parties had for some seventeen years
honored the agreement which provided for lesser amounts of
support than provided for in the original decree. Oral mod-
ification has been recognized in the State of Florida even
as to a property settlement .agreement (WIENER VS WIENER ~
343 So 2nd 1319) and Florida has recognized a wife's claim for
support after eleven years barred by latches (BROWN VS BROWN
108 So 2nd 492). Other judges have not recognized accrued
support payments or arrearages when the parties had honored
new arrangments~which provided for payments of lesser amounts of
support than that specified in the original decree (LUEDKE VS
BEHRINGER 143 So 2nd 218). I regret that. the taxpayers of
California may be subsidizing or have subsidized the raising
of this child, however, the fault lies with the mother. It is,
a~3~~ P~~E~.351