Sharon R. Malcolm, Plaintiff and Appellant v. Kirk G. Malcolm, Defendant and Appellee

Summary

The court held that Kirk's written promise to pay Sharon $200 per month was a housing allowance exchanged for Sharon's conveyance of her interest in the marital residence, not a modification of child support. Because the promise was an enforceable private contract rather than an incorporated court order, Sharon could not enforce past-due payments through contempt and instead had to bring a civil contract action. The court reversed and remanded, awarded Sharon $500 in appellate attorney fees, and required future fee requests to be supported by a separate motion and verified itemized statement.