Harriett C. Welch v. William M. Welch

This appeal is the result of an order by the Circuit Court of Montgomery County dismissing the appellant's (Harriett C. Welch) petition to compel her former husband (William M. Welch) to pay her periodic alimony. The circuit court dismissed the appellant's action on the ground that it lacked jurisdiction to consider the matter. From the court's order dismissing her action, appellant has filed his appeal. The parties to this appeal were divorced in 1972. The events leading up to the termination of their marriage were discussed by this court in Welch v. Welch, 49 Ala.App. 647, 275 So.2d 162 (1973). Moreover, we reviewed the award of alimony made by the trial court to appellant-wife in Welch v. Welch and held that the court's direction that the husband (appellee here) pay his wife the sum of $550 a month for the period of five years constituted an award of periodic alimony. Our decision was premised on the fact that this award was subject to the contingency of the wife's death or remarriage. It is the portion of the original divorce decree awarding periodic alimony which is at issue now.