Demgard v. Demgard

Plaintiff appeals the Rutland Superior Court’s dismissal of his claim for contribution from defendant, plaintiffs ex-wife, for payments plaintiff made on a promissory note the parties executed prior to their divorce. Plaintiff asserts that his superior court action is not a collateral attack on the parties’ final divorce order and the superior court’s determination to the contrary was erroneous. We agree and reverse and remand.

On April 12, 1996, the parties, who were married at the time, executed an unsecured promissory note in which they promised to repay a sum of $20,000, with interest, to…