Legal Opinion

Ex Parte Murphy

Supreme Court of Alabama

Decided December 30, 2003No. 1021703PublishedCited by 9 opinions

1Opinion of the Court

James R. Murphy and Mary J. Murphy Benvenuto divorced in April 1998. Incorporated into the parties' final judgment of divorce was a settlement agreement that provided as follows:

"11. [Benvenuto] shall be awarded $1,500.00 per month as periodic alimony. The award of periodic alimony shall not be taxable to the payee spouse nor deductible to the payor spouse."

On November 8, 1999, the parties executed an agreement purporting to modify the amount of alimony; that agreement provided:

"1. That the current agreement requiring [Murphy] to pay [Benvenuto] $1,500.00 per month as periodic alimony will be…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Ex Parte Board of Zoning AdjustmentSupreme Court of Alabama · 1994
  2. Ex Parte AgeeSupreme Court of Alabama · 1995
  3. Owens v. OwensSupreme Court of Alabama · 1967
  4. Odom v. HullSupreme Court of Alabama · 1995
  5. Justice v. ARAB LUMBER AND SUPPLY, INC.Supreme Court of Alabama · 1988

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McMichael v. McMichaelSupreme Court of Alabama · 2010
  2. Adkins v. AdkinsCourt of Civil Appeals of Alabama · 2010
  3. Henderson v. MogrenCourt of Civil Appeals of Alabama · 2014
  4. Vajner v. VajnerCourt of Civil Appeals of Alabama · 2012
  5. Peace v. PeaceCourt of Civil Appeals of Alabama · 2012

4 more not listed; retrieve them via the Exa API.

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