Appeal from Wayne, Charles Kaufman, J.
Bashara, P. J., and D. F. Walsh and W. S. White,* JJ.
1. Divorce -- Alimony -- Modification of Award -- Periodic Alimony -- Alimony in Gross.
Judgments of divorce granting periodic alimony are subject to modification; alimony in gross generally is not modifiable.
2. Divorce -- Alimony -- Alimony in Gross -- Lump Sum -- Periodic Payments.
Alimony in gross may be either a lump sum award or installments of a definite amount over a specific period of time.
3. Divorce -- Alimony -- Periodic Payments -- Contingencies -- Alimony in Gross -- Modification of Award.
An award of alimony which provides for periodic payments of a fixed amount over a specific period of time, which is nonetheless reducible on the happening of a number of contingencies and thus not a specifically ascertainable sum, is not alimony in gross and is therefore subject to modification.
4. Divorce -- Property Settlements -- Modification.
A property settlement in an action for divorce, whether provided by the court or by agreement between the parties, is not subject to judicial modification in the absence of fraud.
The opinion of the court was delivered by: Bashara
Complaint by Janet E. Firnschild against Paul G. Firnschild for divorce. Judgment for plaintiff. Petition by Paul G. Firnschild for modification of alimony and property settlement provisions of the judgment of divorce. Petition granted. Plaintiff appeals.
This is an appeal from modification of alimony provisions and a property settlement of a consent agreement incorporated in a divorce judgment.
On November 10, 1972 a divorce was granted the plaintiff. A consent agreement was incorporated in the judgment and provided for alimony and a property settlement. On May 2, 1974 on petition of the defendant the alimony and property settlement provisions were set aside on the grounds that the defendant lacked mental capacity at the time of the agreement, the ...