Merrill v. Merrill

In this appeal we must decide whether a court of common pleas has jurisdiction to enforce a provision in a dissolution of marriage decree which incorporates a separation agreement in which the parties have agreed to allow the court to modify periodic sustenance alimony payments. We hold that a court does retain jurisdiction in such cases and therefore we reverse the judgments.

The marriage of Richard and Peggy Merrill was dissolved in 1981. The trial court incorporated a separation agreement into the decree. As part of this agreement, Peggy was to receive alimony in the sum of $150 per month…