Protheroe v. Protheroe

BOYER, Chief Judge.

This appeal involves a continuing controversy involving an alimony award and modification.

In October of 1971, the parties filed in a then pending dissolution case a stipulation and agreement which provided, inter alia:

“The wife will receive from the husband the sum of * * * $325.00 per month alimony. * * * Alimony payments shall cease upon death or remarriage. * * * ”

A final judgment of dissolution of marriage thereafter entered provided that:

“The husband shall pay to the wife * * alimony in the sum of $325.00 per month, commencing November 1, 1971.”

In March of 1973, the…