reversing credit awarded against future alimony for prior overpayments because there was no agreement between the parties that the excess payments were intended to be an advance on future alimony, and observing that “allowing] a husband to offset monthly alimony due in 1979 by overpayments generously made in 1970 without any agreement [that the overpay-ments were an advance on future alimony] could leave an erstwhile wife destitute”
How later courts described this case
- reversing credit awarded against future alimony for prior overpayments because there was no agreement between the parties that the excess payments were intended to be an advance on future alimony, and observing that “allowing] a husband to offset monthly alimony due in 1979 by overpayments generously made in 1970 without any agreement [that the overpay-ments were an advance on future alimony] could leave an erstwhile wife destitute”
- holding court erred in awarding husband credit toward future alimony where neither party had considered overpayments as advances on future alimony payments and they were more in nature of gifts to wife
Written by the judges who cited it.
The opinion
LETTS, Judge,
concurring specially.
I agree with the majority but think it worth-while to note a further reason why the husband is not entitled to any credit.
Under the intricate and confusing property settlement agreement, specifically Article III thereof, the husband was required to produce a federal tax return no later than April 30 of each year “if the maximum is not paid.” To me this language would require annual attention for any years in which the husband seeks a rebate especially under the prior paragraphs of said article which calculate varying amounts to be paid based on fluctuating income. The husband failed to produce these returns and should not now be heard to complain.