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FOLEY v. FOLEY

No. 15970.

429 N.W.2d 42 (1988)

Robert J. FOLEY, Plaintiff and Appellant, v. Judith A. FOLEY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Barbara Anderson Lewis of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for plaintiff and appellant.

Lois Ann Rose of Rose & Piersol, Sioux Falls, for defendant and appellee.

SABERS, Justice.

Husband appeals trial court finding that original decree awarded alimony and determination that alimony award be modified.

Facts

Robert (Husband) and Judith (Wife) Foley were divorced in 1981. In 1987, Wife petitioned the trial court1 for modification of the alimony award. Husband contended that the periodic payments awarded to Wife under the 1981 divorce decree were not alimony, and if such payments...

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