In the event that a set-off was not permitted by the court, Edward asked that the court modify the divorce decree in accordance with Section 14-05-24, N.D.C.C.įollowing the hearing of these motions on September 21, 1971, the court, by order dated September 30, 1971, denied Edward's motion and found him obligated to pay the sum of $2,948.52 as monthly alimony payments in arrears and interest.Įdward appeals from that order, contending that the divorce decree did not provide for alimony and that a set-off must be allowed. In response thereto, by motion dated August 12, 1971, Edward asked that the court allow a set-off for money paid to the Internal Revenue on a judgment due and owing jointly by Edward and Adele, on which Edward had paid in excess of $10,000 and on which Adele had made no payments. Edward was required to pay to Adele the sum *674 of $9,000 as "a full and complete settlement of all property rights, alimony, support and maintenance".īy motion dated August 10, 1971, Adele asked the court to determine the amount of alimony due from Edward to her and grant her a judgment for the amount due. Bosch and custody of their minor children. Bosch was awarded a divorce from the defendant Adele C. Alphson, Grand Forks, for defendant and respondent.īy judgment dated April 1, 1968, the plaintiff Edward J. Bosch, Minot, for plaintiff and appellant.
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