Ulia H. Fielder v. Coley Mayo Fielder

This is a consolidated appeal from orders of the Circuit Court of the City of St. Louis. Judge Brendan Ryan overruled Appellant's motion to quash a writ of execution and garnishment issued to collect child support payments alleged to be past due under a divorce decree entered on April 21, 1971. Judge Anna C. Forder sustained respondent's motion to modify the child support payments. The judgments are reversed. On April 21, 1971 respondent obtained a divorce decree which ordered appellant to pay respondent child support of $10 per week for each of the parties' six children. On February 24, 1982, the wife caused a writ of execution and garnishment to be issued to collect the child support payments, which have never been made. Appellant filed a motion to quash the writ on the ground that more than ten years had elapsed since rendition of the judgment and thus execution could not issue under then - § 516.350 RSMo. 1978. The trial court per Judge Koehr sustained this motion on July 12, 1982. The order sustaining this motion was not appealed.