Levitt v. Levitt

PEEK, J. Plaintiff Irmgard Dawson Levitt appeals from that portion of an order which reduces from $500 per month to a token amount the allowance for her support by defendant husband Gene Levitt awarded by a previous decree of divorce. Since we conclude that the provisions for support of plaintiff Irmgard were severable from an agreement signed by the parties respecting the division of property and other marital rights, and since the parties may not by stipulation deprive the court of jurisdiction to modify alimony payments provided for by judicial decree, we affirm the trial court’s order.

Irmgard and Gene were married in June 1949 and separated in July 1954, One child, Christopher, was born to the parties during their marriage. James Francis Levitt, Irmgard’s child by a prior marriage, also resided with them.

A complaint for divorce was filed by Irmgard in December 1954. The following month Irmgard and Gene signed a property settlement agreement, which at one point recited that “The parties desire to settle their respective property rights and interests as of the date of this agreement and to arrange by agreement for the making of periodical payments by Husband to Wife in discharge of his legal obligation to support and maintain Wife because of their marital and family relationship. ...” The parties also stated therein that “each does hereby declare that the consideration for the execution of this agreement is such resolution between themselves as to the disposition of their property rights and interests and the settlement of support and maintenance rights of one to the other. ...”

In a separate article the agreement provided for payments by Gene to Irmgard and the children. The contracting parties expressly stated in that portion of the agreement that “Husband and Wife, in discharge of Husband’s obligation to support and maintain Wife became of their marital and family relatiomhip, hereby agree that Husband, by way of alimony and not as a part of a property settlement shall pay to Wife [480]for alimony, support, and maintenance so long as Husband is alive and so long as Wife is living and remains unmarried, . . $400 per month “for the support and maintenance of Wife, ’’ and $225 per month “for the support and maintenance of each of the minor children,” Christopher and James. (Italics added.)