Whitworth v. Whitworth

REINHARD, Judge.

Defendant husband appeals from an order of the trial court dismissing with prejudice his motion to modify a decree of divorce. He alleged in his motion that the decree provided for alimony payments and that, because of changed conditions, he should be relieved from any further obligation to make said payments. Holding that the award was contractual and not subject to judicial modification, the trial court sustained plaintiff wife’s motion to dismiss. We affirm.

On July 27, 1962, the parties executed a written “Stipulation” indicating that they were “desirous of settling their…