Nibarger v. Nibarger

¶ 1 According to the majority, no divorce decree awarding support alimony and which is based upon the parties’ agreement is subject to the provisions of 43 O.S.2001 § 134(D) allowing modification of support alimony, even though the parties’ agreement and the decree are silent with regard to modification. In doing so, I believe the majority applies Whitehead v. Whitehead, 1999 OK 91, 995 P.2d 1098, too broadly.

¶ 2 Whitehead involved an agreement which provided for support alimony which was not stated in a lump sum and for a defined period. That agreement was inconsistent with the “sum certain”…