Beverly v. Beverly
Beverly v. Beverly
Opinion
The payments at issue are not alimony, but periodic payments provided for by a contract. See Stanley v. Cox, 253 N.C. 620, 117 S.E. 2d 826 (1961). A separation agreement, like any other contract, turns upon the intent of the parties. Bowles v. Bowles, 237 N.C. 462, 75 S.E. 2d 413 (1953). By affidavit, the defendant presented evidence that before signing the separation agreement he “had a discussion with . . . the plaintiff, and ... told *62 her that I was not going to pay her alimony forever and did further state to her that I was quite willing to pay her a reasonable amount of support for her until such time as the plaintiff could adjust to being employed and could be making her own way without my help. She did not say much about that but the agreement entered into was signed after that discussion.” Defendant argues that the consideration of this evidence to “clarify the writing” would not violate the parol evidence rule.
Without ruling on the parol evidence question, we find that, even if this evidence were considered, defendant has not presented sufficient evidence to show that there exists a genuine issue as to the termination date for the periodic payments. Defendant’s affidavit, at most, shows that he expressed to the plaintiff his unwillingness to make payments to her indefinitely. It does not show that it was the intent of both the parties that he would cease making payments when she became able to support herself. See 17 Am. Jur. 2d, Contracts § 18 (an objective manifestation of mutual assent is necessary to form a contract). As we said in Grady v. Grady, 29 N.C. App. 402, 403-04, 224 S.E. 2d 282, 283 (1976), “[t]he effect of the agreement is not controlled by what one of the parties intended or understood.” Summary judgment for plaintiff on this issue was proper.
In Goodson v. Goodson, id., plaintiff father who was ordered to pay child support to his ex-wife sought credit against his obligation for expenses he incurred for clothing, recreation and medical treatment. We determined that credit should be allowed to prevent an injustice. Likewise in the case before us we are per *63 suaded by equitable considerations that credit is necessary. It is uncontradicted that Mike went to live with defendant at plaintiff’s request. An injustice would result if defendant were not given some credit for amounts spent for Mike’s support. Therefore, we remand for the trial court to determine the amount of credit to which defendant is entitled.
Affirmed in part.
Reversed and remanded in part.
Reference
- Full Case Name
- Patricia W. Beverly v. Ted M. Beverly
- Cited By
- 6 cases
- Status
- Published