Eberhart v. Eberhart

VANDE WALLE, Justice.

Milt Eberhart appeals from an order of the district court of Cass County affirming a referee’s conclusions denying Milt’s motion for modification of a judgment and decree of divorce. We reverse and remand.

Milt Eberhart was granted an absolute decree of divorce from JoAnn I. Eberhart on March 5, 1980. The divorce judgment provided in paragraph 7 that Milt should pay to JoAnn the sum of $600 per month “as and for permanent alimony” with payments to commence on March 1, 1980. The judgment contained additional provisions concerning the distribution of property which we will…