Davis v. Davis

REINHARD, Chief Judge.

The marriage of the parties was dissolved in 1975. Wife filed a motion to modify the decree seeking an increase in maintenance, plus attorney’s fees for prosecuting the motion. Husband moved to dismiss, claiming the maintenance provisions are contractual and not modifiable by the court. The trial court sustained the motion, and wife appeals.

After a twenty-year marriage, the parties entered into a separation agreement on November 24, 1975. In Paragraph I of the agreement, husband agreed to pay “as maintenance, support and alimony the amount of $435.00 per month.”…