Barber
Barber v. Barber
Opinion
Lead Opinion
Kingsley, J.
*958 Opinion
Plaintiff wife appeals from an order reducing an earlier order for alimony and denying her request for attorney fees in resisting that order. For the reasons set forth below, we reverse the order in both particulars.
The parties were married in 1952; they separated on February 2, 1966; they had one child—a son—born in March of 1956. On October 15, 1966, they entered into a “Marital Property Settlement Agreement,” under which it was agreed that the wife should have custody of the son, with support for him at the rate of $ 150 per month, and that she should receive alimony at the rate of $200 per month, “continuing until further order of court.” The agreement also provided, in subparagraph 6 of paragraph I: “This Agreement is entire. It may not be altered, amended, or modified, save by an instrument in writing executed by the parties hereto. This Agreement shall be binding upon and inure to the benefit of, as the case may be or require, the parties hereto, their heirs, legatees, devisees, assignees, administrators, executors and successors in interest.” But it also provided in paragraph XII: “Husband and \Vife hereby agree. ;that _this. Agreement- .js -to he submitted…