Smiley v. Smiley

OPINION

CADENA, Chief Justice.

Defendant, Ben Smiley, appeals from a judgment which, based upon pleadings filed by his former wife, Evelyn B. Smiley, construed the property settlement agreement executed by the parties in contemplation of divorce as requiring Ben to “pay the District Clerk of Jim Wells County, Texas, by him to be paid over to Evelyn B. Smiley each and every monthly Military Retirement benefit check Ben Smiley gets within 5 days from the date he receives same.” The judgment also amended the divorce decree signed on November 7, 1980, by adding a paragraph requiring Ben to “pay”…