Webb
Webb v. Webb
Opinion
Opinion
Shoemaker, J.
This is an appeal by plaintiff Eugene Webb from an order denying his motion for modification or termination of alimony.
In July 1964, plaintiff Eugene Webb commenced a divorce action against defendant Aileen Webb. Defendant cross-complained, and on December 24, 1964, she was granted an interlocutory decree of divorce which approved the provisions of a nonintegrated property settlement agreement. Pursuant to the interlocutory decree, plaintiff was ordered to pay alimony in the amount of $1,050 per month and child support in the total amount of $300 per month.
On April 20, 1966, a final decree of divorce, which reaffirmed the provisions of the interlocutory decree, was entered.
On June 17,1968, plaintiff moved for an order terminating or decreasing alimony and awarding him custody of the parties’ 13-year-old son, Eugene. Defendant filed a cross-motion for an order increasing alimony.
When the matter came on for hearing, counsel advised the court that pursuant to the agreement of the parties, custody of the boy Eugene had been transferred from defendant to plaintiff.
Evidence was then taken relative to plaintiff’s motion for a termination or decrease of alimony and…