Modification of alimony or maintenance judgment.

This agreements, made and entered into this _________, 19__, by and between _________, of the city of _________, county of _________ and state of _________, husband, and _________, of the same place, wife.

Recitals:

Wife has this day obtained a decree of divorce in _________ court of _________ county, _________, in case No. _________, by the terms of which decree of divorce husband is ordered and directed to pay to wife alimony at the rate of $_____ per month, such alimony payable in weekly instalments of $_____, payment to be made on _________ of each week.

Husband desires to limit the period of time, during which he shall be required to make payments under the decree of _________ court, and wife has consented, upon the conditions contained below:

Therefore, it is agreed between the parties as follows:

First. Husband agrees that he will make payments of $_____ per week promptly on _________ of each week for a period of 12 calendar months from and after this date, such payments to be made to wife at her residence in the city of _________.

Second. Should wife remarry within 12 months, then, husband shall not be held or required to make any payment on account of the allowance of alimony, but, immediately upon the appointment of a guardian of the estate of _________ and _________, children of the parties, husband agrees to pay to the guardian of the estates of the children, the weekly instalments which otherwise under this contract would be due and payable to wife, such instalments to be paid to the guardian for the use and benefit of such children.

Third. Upon the considerations above wife agrees that, if husband shall make the payments to her for the period of one year, as provided above, or until such time as she shall remarry, she will release and discharge him from any and all claims and demands of any kind or nature, provided that this release shall not be construed to be a release or waiver of the obligation of husband to make payments to the guardian of the children, as provided above; and provided further, that nothing in this agreement contained shall be held or construed to be a release, waiver or discharge of the liability and obligation imposed by law upon husband to maintain and support his children.

Fourth. Should wife remarry, so that, by the terms of this agreement, any instalment or instalments shall become due and payable to the guardian of the children, and if husband shall fail to make payments promptly from week to week, as the same accrue and become due, the guardian shall have the right of action against husband from week to week for such instalments, or, if the guardian shall so elect, shall have, at the expiration of a period of 12 months, a right of action against husband for the aggregate amount of the instalments remaining unpaid, and the submission of this contract to any court of competent jurisdiction shall be all that shall be necessary to entitle the guardian to recover a judgment against husband.



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