Opinion
No. 83-1421.
November 15, 1984.
Appeal from Circuit Court, Volusia County; Kim C. Hammond, Judge.
Ronald K. Zimmet, Daytona Beach, for appellant.
Charles L. Carlton of Carlton Carlton, P.A., Lakeland, for appellee.
AFFIRMED.
COBB, C.J., and ORFINGER, J., concur.
FRANK D. UPCHURCH, J., dissents with opinion.
I respectfully dissent. In view of the fact that the parties agreed thirteen years ago that the husband would not have to pay any more child support in exchange for his agreement to stay away from the child, which he has done, I would reverse the award of arrearages. See Panganiban v. Panganiban, 396 So.2d 1156 (Fla. 2d DCA 1981); Warrick v. Hender, 198 So.2d 348 (Fla. 4th DCA 1967). But see Armour v. Allen, 377 So.2d 798 (Fla. 1st DCA 1979).