Berry v. Berry

Plaintiffs move for summary judgment. The complaint alleges that under the parties’ separation agreement entered into in August of 1965, plaintiff is entitled to some $5,449.43. Following the recital that “ The Husband warrants herein that his present salary is $19,060.00 per year ”, the agreement keyed his measure of support to that base figure providing, immediately thereafter, that if “ the Husband’s earnings increase in any calendar year, then an amount equal to 20% of such increase shall be paid to the Wife and Children hereunder ”. The increased support, if any, is to be applied equally…