Francis v. Francis

OPINION

PRESLAR, Justice.

Appellant filed this suit seeking to set aside a portion of a property settlement agreement, incorporated into a divorce decree, on the grounds that it was alimony and thus against public policy and void. We are of the opinion that the provision in question is in the nature of alimony.

Appellant and appellee were married in 1954 and divorced in 1959. The appellee wife obtained the divorce on her cross-action and was awarded the care, custody and control of the child of the marriage, and support and maintenance for the child in the amount of $150.00 per month. The…