William Luke Bache brought this declaratory judgment action seeking a ruling that he was no longer obligated to pay alimony to his former wife, Martha MacLeod Bache, under the terms of their decree. The trial court so ruled as a matter of law and we granted the wife’s interlocutory appeal. We reverse.
The provision of the contract which was incorporated into their divorce decree is as follows: "The Husband shall pay to Wife the sum of $250.00 per month as alimony, . . . until the wife shall remarry or become self-supporting.” (Emphasis supplied.) At the hearing, the trial court found as a matter of fact that the wife was now earning approximately $600 per month with a net take home of $400 per month, and concluded as a matter of law that she was "self-supporting” and alimony payments should cease under the terms of the decree.
1. "The construction of a contract is a question of law for the court. Where any matter of fact is involved,... the jury should find the fact.” Code Ann. § 20-701.
Hardman v. Dahlonega-Lumpkin County Chamber of Commerce,
2. A declaratory judgment is an appropriate means of ascertaining one’s rights and duties under a contract and decree of divorce. Bridges v. Bridges, supra. The wife’s contention that the husband must use the modification procedures set out in Code Ann. § 30-220 is without merit. "Relief by declaratory judgment shall be available notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.” Code Ann. § 110-1101 (c).
The judgment, insofar as it holds that the wife is in fact self-supporting, is reversed and remanded for a jury trial.
Judgment reversed.