In Re Marriage of Alper

Opinion

ASHBY, J.

— Appellant Jeanne C. Alper (Wife) appeals from an order dismissing her order to show cause re contempt against respondent Malcolm D. Alper (Husband). Wife sought substantial amounts of spousal support which had been unpaid by Husband. In dismissing the action, the trial court held it had no power to enforce Wife’s claim by way of contempt. The issue presented is whether the support obligations contained in the parties’ marital settlement agreement were sufficiently incorporated and merged into their Arizona divorce decree to be enforceable by contempt.

The parties were married…