Reichardt
Reichardt v. Reichardt
Opinion
Opinion
Ashburn, J.
Plaintiff-wife appeals from order dismissing her motion for modification of interlocutory decree of divorce with respect to alimony provisions. The ruling plainly was based upon want of jurisdiction.
The decree granted a divorce to each party and provided: “The defendant and cross-complainant is further hereby Ordered and directed to pay to plaintiff the sum of $150.00 per month by way of alimony, payable in instalments of $150.00 on the first day of each and every month for a period of three full years from and after the date of the entry of this Interlocutory Judgment. ’ ’ It was signed and filed on February 28, 1957, and entered on March 1, 1957. Defendant made payments on said March 1, 1957, and regularly thereafter to and including January 30, 1960, 36 payments in all. On February 16, 1960, after the making of the thirty-sixth payment, plaintiff procured an order directing defendant to show cause on March 8, 1960, why the alimony provision should not be modified, because of changed circumstances, to require defendant to pay $150 a month for plaintiff’s support for the remainder of her lifetime. Her supporting affidavits showed dire need of such relief and seemed to present a…