Tremper v. Tremper

The plaintiff instituted this action to recover arrears in payments allegedly due her under a separation agreement, dated March 30, 1961, which was thereafter confirmed, approved and incorporated into a decree of absolute divorce rendered by a Mexican court. The validity of the Mexican divorce decree is not in question.

The defendant has interposed an affirmative defense alleging overpayment made through mistake for which he seeks reimbursement. A counterclaim is also set forth to recover payments made in behalf of a child of the marriage whom the defendant states has become emancipated. Both…