EQUITY-DIVORCE AND SEPARATION-WIFE'S AGREEMENT NOT TO CLAIM ALIMONY AS DEFENSE TO LATER ACTION FOR ARREARS

In a prior action against H for separate maintenance, W was awarded custody of their children and monthly maintenance of $50. She later lived openly with X, adopted his name, and had a child by him. Some of the children left W during their minority and lived with H. The maintenance payments were discontinued when W told H that she would no longer receive them. Four years after payments ceased, W unsuccessfully moved the federal district court to adjudge H guilty of contempt and to award her a money judgment for the past-due installments.

Held, judgment for H affirmed. Franklin v. Franklin, (App. D.C. 1948) 171 F. (2d) 12.