Jones v. Jones

CRIST, Judge.

Appellant, ex-husband, filed a motion in the court below to modify the alimony he paid his ex-wife. Respondent, ex-wife, moved to dismiss. The court below sustained her motion. Respondent argues to this court that the alimony payments are contractual and therefore are not subject to modification by court order. Apparently, the court below agreed with her; however, we do not. We reverse and remand.

Appellant and respondent were married on May 7, 1938. On February 26, 1963, after divorce proceedings were commenced in December, 1962, the trial court awarded wife $584.92 per month…