Rehearing Denied January 15, 2020
Page 819
APPEAL
FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04DR-02-1239],
HONORABLE JOHN R. SCOTT, JUDGE
Tim S.
Parker, pro se appellant.
Sexton
Law Firm, by: Jane Watson Sexton, Fayetteville, for appellee.
OPINION
WAYMOND
M. BROWN, Judge
Appellant Tim Parker appeals from the July 9, 2018 order of
the Benton County Circuit Court finding that the parties
alimony provision in their property-settlement agreement was
ambiguous and that it was the intent of the parties that his
alimony payments to Sharon would increase once child support
terminated. He argues that the trial court erred as a matter
of law (1) in ruling that there was an ambiguity in the
agreement; (2) in failing to construe the agreement against
Sharon if there was an ambiguity in the agreement because
Sharons attorney drafted the agreement and divorce decree;
(3) by granting the remedy of reformation, or alternatively,
by modifying or changing the agreement; (4) in failing and
refusing to strictly enforce the agreement as written; and
(5) in dismissing his counterclaim for unjust enrichment due
to his overpayment of alimony and his request that the
overpayment be credited against any future alimony
obligation. We affirm.
Tim
and Sharon were divorced by a decree filed on December 27,
2002. The parties entered into a separate "Property
Settlement, Custody, and Support Agreement," which was
incorporated into the divorce decree. The agreement stated in
pertinent part:
3. CHILD SUPPORT : HUSBAND covenants and agrees to
pay to WIFE, as support and maintenance for the child born of
this marriage, the sum of Seven Hundred Fifty Dollars
($750.00) per month, the first of said payments to commence
the 5th day of December, 2002. The payments of child support
shall continue to be paid by HUSBAND until the child shall
attain the age of 18 years or if the child remains in school
after age 18, the child support payments shall continue until
the child shall graduate
Page 820
from high school. The obligation to pay support shall cease
if the child becomes married; the child becomes fully and
permanently employed gainfully and for a reasonable wage,
excluding vacation and seasonal employment of a temporary
nature; the child becomes inducted or enlists or enters upon
active duty in the Armed services of the United States for a
term of service not less than one year[.]
....
6. ALIMONY AND/OR MAINTENANCE : WIFE suffers from
rheumatoid arthritis and other health concerns and is
disabled within the meaning of the Social Security Act. In
consideration of these factors and the earning potential of
HUSBAND, HUSBAND shall pay to WIFE alimony in the amount of
Three Hundred Fifty ($350.00) per month to continue until the
parties minor child reaches the age of 18 or graduates from
high school, whichever is later. At that time, HUSBAND shall
pay to WIFE alimony in the amount of One Thousand Dollars
($1,000.00) per month until HUSBAND retires, dies, or is no
longer able to be gainfully employed, whichever occurs first.
In the event WIFE cohabitates or remarries, the obligation of
alimony shall immediately cease and desist.
The
parties filed a joint notification of death with the court on
August 30, 2011, stating that their daughter, E.P., had died
on August 5, 2011, at the age of fifteen. The notification
also stated that appellant was current on his child-support
payments at ...