Doris Neill Mozley - Page 3




                                        - 3 -                                         
          death, regardless of her marital status.  Both petitioner and Mr.           
          Mozley were represented by counsel during the course of their               
          divorce proceedings.                                                        
               The District Court of Pitt County, North Carolina (the                 
          district court), adopted the agreement as part of its April 19,             
          1983, Judgment and Order (the April 1983 Judgment).  The portions           
          of the April 1983 Judgment, as relevant to the issue before us,             
          provide as follows:                                                         
                    8.   In full and final settlement of all claims                   
               existing between the parties, and in particular, in full               
               and final settlement of any claims that the plaintiff                  
               [petitioner] may have against the defendant [Mr. Mozley]               
               for alimony pendente lite, alimony, and attorney’s fees,               
               and as a full and final property and marital settlement                
               resolving all issues between the parties including                     
               equitable distribution of marital property, the parties                
               do hereby stipulate, agree, contract, and pray that the                
               court order and enter as its mandate, the following:                   

               *        *        *        *        *        *        *                

                    (i) The defendant shall pay to the plaintiff as                   
               alimony a sum equal to 22 percent of his salary that he                
               actually receives other than the retired/retainer pay                  
               that he receives by virtue of his retirement from the                  
               United States Navy. * * *                                              

               *        *        *        *        *        *        *                

               (l) * * * As additional alimony, the plaintiff                         
               shall receive a portion of the defendant’s                             
               retired/retainer pay that he receives by virtue of his                 
               previous military service.  * * *  The remaining pay * *               
               * shall be divided equally between the parties. The                    
               portion of this pay allotted to the plaintiff * * * shall              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011