Bender v. Bender

444 A.2d 124 (1982)

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Nature of the Case

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Facts

H and W got a divorce. H had been awarded permanent custody of Heather, their only child. The court entered an order directing W to pay support for Heather in the amount of $25.00 per week effective retroactively to December 4, 1978, the date the complaint was filed. At the time, W was approximately eight months pregnant at the time of the hearing. The support order was suspended until six weeks following the birth of her baby. The order provided that following the six-week hiatus, the payments were to be resumed at the weekly rate of $16, plus $4 per week towards arrearages. No appeal was taken from this order and W has made no payments. W's daughter was born on May 13, 1979. H is not the father of this child. On November 9, 1979, W filed a petition to suspend the support order. H then filed a petition seeking to have W held in contempt for failing to pay pursuant to the order. The court suspended indefinitely W's obligation to pay support for Heather. W was entitled to remain at home to nurture Nicole. The trial court applied the 'nurturing parent doctrine.' This appeal resulted.