Kimble v. Kimble
In Kimble v. Kimble, 176 W. Va. 45, 341 S.E.2d 420 (1986), the ex-husband of the appellant executed an agreement to permit the appellant's new husband to adopt the parties' child.
As a condition for this agreement, the ex-husband would be relieved of child support payments once the adoption was finalized. The adoption was never finalized, and the appellant, a year later, sought past child support payments from her ex-husband.
The circuit court awarded past child support payments up to the day the parties executed the adoption agreement, but relieved the ex-husband of all child support payments that had accrued after execution of the agreement.
On appeal the Court held, in Syllabus point 1, that "the execution of consent to the adoption of a child by its custodial parent and the custodial parent's current spouse is alone insufficient to terminate a noncustodial parent's decretal obligation to make child support payments." 176 W. Va. 45, 341 S.E.2d 420.
The Court therefore reversed and remanded the case for the trial court to determine whether principles of equitable estoppel precluded the appellant from obtaining child support payments.