Harry M.P. v. Nina M.P

The parties to this appeal were married in 1955 and entered into a separation agreement in 1977. Under the agreement the husband is obliged to pay alimony to the wife at the rate of $600. a month. The payments terminate if she remarries. The husband filed a petition in the Family Court seeking a reduction in the amount of alimony on the ground that the wife's financial circumstances had improved. Noting that the husband had been represented by counsel when the agreement was signed, that the agreement does not provide for modification in the amount of alimony and that a change in financial circumstances does not change a contract, the Trial Judge denied the application to reduce the amount fixed by the contract. The husband then docketed this appeal.