WELSHER V. RAGER
491 S.E.2d 661 (1997)
NATURE OF THE CASE: This was a dispute over support past the age of 18 and graduation
from high school.
FACTS: W and H were divorced in 1980. In 1985, W petitioned for a court order to
recognize an agreement for support that was executed by W and H in 1985. The court order
provided that H was to be legally responsible for support of their two sons and ordered that
H pay $45 per week. H signed the order. W still resided in New York and H has moved to
Winston Salem and has refused to make payments of $45 per week since July 6, 1996. The boys
were born on 5/26/74 and 11/26/76. At the time of refusal, the boys were 21 and 18 with the
latter just graduating from high school. W filed the present action asking for arrearages. H
responded by filing an Answer for Civil Suit stating that the original decree only obligated
him to support the children until they were eighteen and out of high school, that he did not
knowing agree to support then until 21. H's motion to dismiss was granted. This appeal
resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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