ELMORE v. ELMORE

No. 91-507.

617 A.2d 159 (1992)

Anna K. ELMORE v. Bruce E. ELMORE.

Supreme Court of Vermont.

October 9, 1992.


Attorney(s) appearing for the Case

Vincent A. Paradis and Norman C. Smith of Bergeron, Paradis, Coombs & Fitzpatrick, Burlington, for plaintiff-appellant.

Helen V. Torino, Colchester, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


MORSE, Justice.

Plaintiff wife appeals from the family court's refusal to award her $9,000 pursuant to a stipulated settlement provision embodied in a court order requiring defendant husband to pay a $3,000 penalty fee each time biannual maintenance payments were not made by a date certain. We are called upon to decide the enforceability of a stipulated provision in a divorce judgment imposing a penalty for untimely compliance with court ordered payments. We reverse...

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