Brophy v. Brophy

RAY, Justice.

This is a suit on a contract. Mary E. Brophy, appellee (plaintiff), brought suit against James J. Brophy, appellant (defendant), seeking the recovery of $3,150.00 in delinquent contractual alimony payments and reasonable attorney’s fees. James Bro-phy sought an offset against his required payment of $350.00 per month by the amount of social security benefits Mary Brophy could receive ($178.40 per month) if she elected to draw his social security benefits rather than her own social security benefits. The case was tried to the court on an agreed statement of facts. Judgment was…