Oral arg. – COA – Aug. 31, 2016

At 2:00 the COA will hear Stephanie Kittrell v. Stan Kittrell which presents the issue of  periodic versus permanent alimony.

The Kittrells were divorced in 2005.  The decree incorporated a property settlement agreement. It included the following provision:

Both parties do hereby agree that Stan Kittrell each month shall deposit his monthly retirement check from the Public Employees Retirement System (PERS) into Stephanie Kittrell’s bank account via direct deposit with the monthly amount of $250.00 considered child support and the remainder as alimony. The child support will continue to be deposited monthly until the child’s 21st birthday or until the child no longer lives with the mother. The remainder of the check shall be considered alimony and shall continue to be paid until the child reaches the age of 21, or until Stephanie Kittrell remarries.

Stephanie argued that this was lump sum alimony which in “not considered to be in the nature of continuing support, but rather a property transfer which is vested in the recipient spouse at the time said alimony is awarded.”   Stan argued that when Stephanie started cohabitating with  Ethan Ewell, his obligation to pay alimony ended.  The chancellor agreed with Stan.  Stephanie appeals. At issue, then, is whether the alimony in the PSA was lump sum or periodic alimony.

Stephanie Kittrell brief

STan Kittrell brief

Stephanie Kittrell reply brief

Watch the argument here

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