Mc Dermott v. Mc Dermott

Hartman, J. C. C.

(temporarily assigned). A motion to enforce litigant’s rights—in substance, a motion for contempt—raises a question whether the award of alimony, in view of the conduct of the parties thereafter, still has continuing effect.

Plaintiff is the former wife of the defendant. She was granted an absolute divorce by judgment entered in this court July 25, 1969, which judgment included a provision for periodic alimony at $15 a week, payable through the probation office.

Defendant made his payments regularly until sometime in August 1971, when he and plaintiff resumed living together,…