Fred J. Pettid - Page 27




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             Kingery v. Kingery, 320 N.W.2d 441, 443 (Neb. 1982).                     
             Thus, if Neb. Rev. Stat. section 42-365 applies, liability               
             to make the payments terminates without a court order.                   
             Similarly, the termination takes place without “modifica-                
             tion” of the Annulment Agreement or the Decree of                        
             Annulment.                                                               
                  Respondent cites Watters v. Foreman, 284 N.W.2d 850                 
             (Neb. 1979), in support of his position that section                     
             71(b)(1)(D) is not satisfied because paragraph 1.f) of                   
             the Annulment Agreement does not explicitly provide for                  
             termination of the subject support payments upon the death               
             or remarriage of Ms. Wagner.  The issue in Watters v.                    
             Foreman, supra, was whether the remarriage of the payee                  
             spouse resulted in the termination of alimony by operation               
             of Neb. Rev. Stat. section 42-365.  The court decree stated              
             that the payments would cease upon the payee's death, but                
             it was silent about remarriage.                                          
                  In support of his position that his obligation to pay               
             alimony terminated upon his ex-wife's remarriage, the                    
             payor, Foreman, argued that Neb. Rev. Stat. section 42-365               
             required termination of the alimony payments upon the                    
             remarriage of his ex-wife.  The court in Watters v.                      
             Foreman, supra, held:                                                    








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