2 Va. App. In Acree , a mother sought a child support arrearage attributable to one child under an existing order despite the fact that the father had assumed full custody of the child until her majority. The father was allowed credit for a portion of the arrearage due to his full support of the child during the intervening years pursuant to the parties' agreement to permanently switch custody. The Acree Court expressly limited its decision to the unique circumstances. The facts do not support a finding that husband was entitled to a credit for other payments made to wife sufficient to cover both these obligations.
Husband contends that wife received consideration through the agreement to forego litigation.
It is true that an agreement to forego a claim can be consideration for a contract. Equitable Estoppel Husband also argues that wife is equitably estopped from seeking spousal support. The trial court found that husband failed to prove the elements of equitable estoppel. Wife did not make any representations upon which husband relied. He did not change his position due to a representation by wife.