Insalaco v. Insalaco

The Insalacos ’ separation agreement reads, in part, that the husband will pay additional alimony if his: “ annual net income shall be increased in any ensuing year in the amount of $2500 or more than is now reflected in his 1963 Federal Income Tax Return ’ ’.

In a prior decision, the court ruled that net income in that context meant gross income less expenses of producing income less income taxes. In short, the court ruled the clause meant net income after taxes. The wife now seeks reargument claiming it means net income before taxes.

The wife’s motion for leave to reargue is granted, and upon…