Taylor Lindner v. Taylor

Thompson, J., delivered the opinion of the Court. The issue presented in this appeal is whether or not the modification, by agreement, of a prior decree for support of a child, after July 1, 1973, the effective date of Chapter 651 of the Laws of Maryland 1973, terminates the support when the child reaches the age of 18. We hold the modification pursuant to the agreement in this case did not terminate the support at age 18 but the support must continue until the child reaches age 21. The facts were summarized by the trial judge as follows: “All right, gentlemen, it would appear to us that on the third of September, 1964, Jeanne Taylor and Dudley Taylor, who were then married, entered into a separation agreement which provided, among other things, that the husband would pay to the wife as and for support and maintenance of the minor children until their majority, unless they are sooner married, deceased or self-supporting, the sum of $200.00 a month for the support of Pamela J. Taylor and the sum of $200.00 per month for Jeffrey A. Taylor. “Thereafter, a divorce was instituted, resulting in a decree of divorce a vinculo matrimonii, dated November 7, 1967, which this member of the Court signed.

We provided in that decree for the divorce and that the defendant, Dudley D. Taylor, pay unto the plaintiff, Jeanne K. Taylor, as and for support and maintenance of the minor children of the parties the sum of $400.00 per month, to be paid each and every month, and it is further ordered that the agreement entered into between the parties on the 3rd day of September, 1964, a copy of which was marked as Plaintiffs Exhibit No. 1 and received into evidence in this proceeding, be approved and made a part of this decree, and the parties are directed to be bound thereby. “As time went on, Mrs. Taylor married, or re-married, and is now Mrs. Lindner. ⁹⁰ “The husband apparently got in arrears on the support payments. A rule to show cause to hold him in contempt was issued and this came on for hearing on May 2nd, 1973, before Judge Parker. At that time, Judge Parker concluded that Mr. Taylor was in contempt of Court and sentenced to the County Jail for a period of six months. He suspended that sentence upon the condition that he purge himself in the amount of $2,119.00, one-half of which is to be paid today and the remaining half at the rate of $100.00 per month, commencing June 1, 1973.

Total arrearage assessed $1600, plus tuition and attorney’s fees for a total of $2,119.00. This being an equity proceeding that did not become effective until a written order was issued thereon. “Apparently there was some negotiations between the parties at this stage of the proceedings. We really haven’t received any evidence on that. But, in any event, on the 8th of August, 1973, a written order of Court was signed by Judge Parker providing for the amount arreared, the tuition, and the jail sentence.

And then it further provided ‘that the decree dated the 7th day of November, 1967, be and the same is hereby modified as follows: ‘1. The defendant shall pay unto the plaintiff as support for the minor child, Jeffrey, the sum of $250.00 per month, accounting from August 1, 1973, until he obtains’ — it says ‘obtains’,' I presume it meant ‘attains’ — ‘his majority.’ “There was a petition for increase in support payments filed in the pleadings previously and that was dismissed by paragraph 4 of this last mentioned decree. “Now, this decree was signed by Jeanne K. Taylor Lindner; her attorney, Mr. Timothy Welsh; Mr. Dudley D. Taylor, defendant; and Mr. Sherman West, attorney for the defendant. ⁹¹ “We find from the evidence on stipulation here that on May 25th, 1974, Jeffrey became 18 years old. There, at that time, under the law he reached his majority, as a result of the laws of 1973, Chapter 651.. . . “This decree was signed by Mrs. Lindner and Mr. Taylor. It didn’t say just approved as to form.

It was signed, which we would have to interpret and consider as a written manifestation of an agreement modifying the earlier agreement back in 1967. And we would have to apply the law as it existed on August 8th, 1973, as to what the age of majority was. And the age of majority on July 1, 1973, and, of course, on the 8th of August, at the time of this decree, was 18. Whether that be good or bad, it is