Rubio v. Rubio

SCHEB, Acting Chief Judge.

The husband appeals an order finding him in civil contempt for failing to pay part of the wife’s income tax on alimony she received. We reverse.

For the past 23 years, the husband has paid alimony and the taxes thereon pursuant to a written agreement which was incorporated into the parties’ 1967 final judgment of dissolution. This agreement has been modified on a couple occasions to increase the wife’s monthly payments and to address specifically the effect her employment would have on the amount of alimony.

The agreement, as modified, provides that the husband will…