Abrams V. Connolly - Colorado Supreme Court

Abrams V. Connolly

By Colorado Supreme Court

  • Release Date - Published: 1989-10-23
  • Book Genre: Law
  • Author: Colorado Supreme Court
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Abrams V. Connolly Colorado Supreme Court read online review & book description:

The question in this case is whether, pursuant to a written separation agreement incorporated into a decree of dissolution, a noncustodial parent's obligation of child support continues beyond the death of the custodial parent when the minor child remains in the physical custody of a person other than the noncustodial parent. The district court held that the noncustodial parent's obligation to pay child support imposed by the dissolution decree continued after the death of the custodial parent. In reversing the judgment of the district court, the court of appeals concluded that, because nothing in the decree itself provided for an alternative recipient of support payments in the event of the custodial parent's death, the obligation of a noncustodial parent to pay child support payments pursuant to the dissolution decree ceased upon the death of the custodial parent. In re Application of Connolly, 761 P.2d 224 (Colo. App. 1988). We now reverse the judgment of the court of appeals and remand the case to that court with directions to return the case to the district court for the purpose of amending the judgment and for further proceedings on any unresolved issues.

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