Brin v. Brin

The original suit was for separate maintenance and was by amendment of petition converted into one for divorce. The decree, entered March 17, 1943, awarded plaintiff a divorce and the custody of the minor children, Leon, age seventeen, and Bradley, age eight. Pursuant to stipulation plaintiff was given a lump sum of $15,000 ($10,000 down plus five annual $1000 installments) and $200 per month until Leon became twenty-one years old, thereafter $150 during Bradley's minority, and after that $100 until plaintiff's death or remarriage. The $15,000 provision is referred to in the stipulation as ""fixed alimony"" and in the divorce decree as ""alimony"" but plaintiff contends and testifies it was in fact a property division, representing her share of defendant's property, earned by their joint labors. There is no contradiction of this except as might be implied from the above quoted language of the stipulation and decree. [240 Iowa Page 661]