Doub v. Doub

EAGLES, Judge.

I

Defendant’s first assignment of error is to the trial court’s refusal to allow defendant to put on his evidence of changed circumstances. Defendant contends that this action is in effect one to enforce a court order for the payment of alimony and is, therefore, modifiable by the court. We do not agree.

Plaintiff wife’s action in this case was clearly an action in contract to enforce the terms of the 1978 separation agreement. Because the 1978 separation agreement was incorporated by reference into the 1978 court order granting defendant an absolute divorce, defendant contends…