In Re Marriage of Harris

Robert E. Harris (hereinafter former husband) moved to terminate spousal support payments. The order of the trial court denied the motion and awarded Ricky Harris (hereinafter former wife) attorney fees and costs for resisting the motion. Former husband appeals.

Facts

By an interlocutory decree of dissolution of marriage dated December 23, 1971, former husband was ordered to pay spousal support to former wife in the amount of $500 per month commencing November 1971 and terminating November 1977. The interlocutory decree also provided: “The requirement of this paragraph for payments for the support of Petitioner [former wife] shall not be modifiable on any ground. [I] Spousal support shall terminate upon the death or remarriage of Petitioner [former wife].”

These provisions respecting spousal support were based upon and taken from substantially identical provisions of a marital settlement agreement between the parties executed December 22, 1971, effective November 2, 1971.

The marital settlement agreement followed a stipulation in open court on November 9, 1971, which provided in pertinent part: “Said spousal support [$500 per month for a period of 6 years] is…