Speziale, J.
The marriage of the plaintiff, Diane A. Scoville, and the defendant, Homer G. Scoville, was dissolved on July 12,1976 {Hon. John B. Thim, state referee). The judgment included, inter alia, the following order regarding alimony: “The defendant shall pay the plaintiff alimony of $100.00 per week for a period of three years from the date of this memorandum. At the end of the three year period, the payment order of alimony shall terminate.”
[278] The sole issne on this appeal is whether that alimony order is modifiable.
In September of 1977, the plaintiff entered law school as a full-time student. On October 24, 1978, she filed a motion for modification of alimony seeking to have the duration of the alimony payments extended until she passes the bar examination. The plaintiff’s motion for modification was denied by the court. The issue of whether there was a proper showing of a substantial change in circumstances to justify modification was not reached, the trial court having concluded that any change in circumstances was not relevant “since the alimony award ... is one for a specific period of time and as such is an award of alimony in gross and not modifiable.” The plaintiff has appealed to this court from the denial of her motion for modification of alimony and has raised only the issue of whether the original alimony order is modifiable.1
[279] Periodic alimony is indefinite as to amount or duration. Section 46b-86 of the General Statutes provides in relevant part: “(a) Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support or alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party.” (Emphasis added.) This statute authorizes the modification of periodic alimony for the future; Sanchione v. Sanchione, 173 Conn. 397, 404, 378 A.2d 522 (1977); it also suggests a legislative preference favoring the modifiability of orders for periodic alimony. According to the statutory language, the decree itself must preclude modification for this relief to be unavailable.
Lump sum alimony, unlike periodic alimony, is a final judgment which cannot be modified even should there be a substantial change in circum[280] stances. General Statutes §46b-86; Sanchione v. Sanchione, supra, 404n, Viglione v. Viglione, 171 Conn. 213, 215, 368 A.2d 202 (1976). This is true even if the lump sum alimony is a specific amount of money payable in installments. Viglione v. Viglione, supra, 216; see also Clark, Law of Domestic Relations § 14.12, pp. 483-84 (discussion of the Internal Revenue Code distinction between periodic and lump sum alimony); annot., 71 A.L.R. 723, 730-34; 127 A.L.R. 735, 743-44.
We are confronted here with an ambiguous order regarding alimony. This court has treated as modifiable alimony orders with similar ambiguities. Easton v. Easton, 172 Conn. 451, 374 A.2d 1090 (1977); Lasprogato v. Lasprogato, 127 Conn. 510, 18 A.2d 353 (1941). We conclude that in that part of the instant order stating “[a]t the end of the three year period, the payment order of alimony shall terminate,” it is implicit that during that period there be no intervening material change in circumstances warranting modification. Even the defendant in his brief states that he does not contend that the original alimony order is nonmodifiable in all respects; his position is that an extension of alimony beyond the three-year period is what is barred.2 Our interpretation does not render superfluous the second sentence of the alimony order. Rather, we view that sentence as placing a time limitation on the alimony payments should no intervening material change in circumstances occur prior thereto. The trial court should have reached and decided the issue of whether there was a substantial change in circumstances justifying modification of the alimony order.
[281] There is error, the judgment is set aside and the case is remanded to be proceeded with according to law.
In this opinion Loiselle, Bogdanski and Peters, Js., concurred.
The rules of the Supreme Court effective July 1, 1979 are not applicable to this appeal because the finding was filed prior to July 1, 1979. Practice Book, 1978, § 3166, as amended to take effect July 1, 1979. The plaintiff would be prejudiced by allowing the defendant now to assign as error the failure of the trial court to make a certain conclusion of law. Rizzo v. Price, 162 Conn. 504, 512-13, 294 A.2d 541 (1972).
“‘Practice Book [§ 3027] requires the trial court to set forth in its finding such facts as may be “necessary to present the questions [279] which the appellant desires reviewed.” The court is not expected, much less required, to speculate as to what issues the appellees might also wish to have reviewed incident to the appellant’s appeal. . . . [A]n appellant in such circumstances is not adequately protected by the right to file a reply brief ....’” Id., 512.
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Speziale, J.
The marriage of the plaintiff, Diane A. Scoville, and the defendant, Homer G. Scoville, was dissolved on July 12,1976 {Hon. John B. Thim, state referee). The judgment included, inter alia, the following order regarding alimony: “The defendant shall pay the plaintiff alimony of $100.00 per week for a period of three years from the date of this memorandum. At the end of the three year period, the payment order of alimony shall terminate.”
[278] The sole issne on this appeal is whether that alimony order is modifiable.
In September of 1977, the plaintiff entered law school as a full-time student. On October 24, 1978, she filed a motion for modification of alimony seeking to have the duration of the alimony payments extended until she passes the bar examination. The plaintiff’s motion for modification was denied by the court. The issue of whether there was a proper showing of a substantial change in circumstances to justify modification was not reached, the trial court having concluded that any change in circumstances was not relevant “since the alimony award ... is one for a specific period of time and as such is an award of alimony in gross and not modifiable.” The plaintiff has appealed to this court from the denial of her motion for modification of alimony and has raised only the issue of whether the original alimony order is modifiable.1
[279] Periodic alimony is indefinite as to amount or duration. Section 46b-86 of the General Statutes provides in relevant part: “(a) Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support or alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party.” (Emphasis added.) This statute authorizes the modification of periodic alimony for the future; Sanchione v. Sanchione, 173 Conn. 397, 404, 378 A.2d 522 (1977); it also suggests a legislative preference favoring the modifiability of orders for periodic alimony. According to the statutory language, the decree itself must preclude modification for this relief to be unavailable.
Lump sum alimony, unlike periodic alimony, is a final judgment which cannot be modified even should there be a substantial change in circum[280] stances. General Statutes §46b-86; Sanchione v. Sanchione, supra, 404n, Viglione v. Viglione, 171 Conn. 213, 215, 368 A.2d 202 (1976). This is true even if the lump sum alimony is a specific amount of money payable in installments. Viglione v. Viglione, supra, 216; see also Clark, Law of Domestic Relations § 14.12, pp. 483-84 (discussion of the Internal Revenue Code distinction between periodic and lump sum alimony); annot., 71 A.L.R. 723, 730-34; 127 A.L.R. 735, 743-44.
We are confronted here with an ambiguous order regarding alimony. This court has treated as modifiable alimony orders with similar ambiguities. Easton v. Easton, 172 Conn. 451, 374 A.2d 1090 (1977); Lasprogato v. Lasprogato, 127 Conn. 510, 18 A.2d 353 (1941). We conclude that in that part of the instant order stating “[a]t the end of the three year period, the payment order of alimony shall terminate,” it is implicit that during that period there be no intervening material change in circumstances warranting modification. Even the defendant in his brief states that he does not contend that the original alimony order is nonmodifiable in all respects; his position is that an extension of alimony beyond the three-year period is what is barred.2 Our interpretation does not render superfluous the second sentence of the alimony order. Rather, we view that sentence as placing a time limitation on the alimony payments should no intervening material change in circumstances occur prior thereto. The trial court should have reached and decided the issue of whether there was a substantial change in circumstances justifying modification of the alimony order.
[281] There is error, the judgment is set aside and the case is remanded to be proceeded with according to law.
In this opinion Loiselle, Bogdanski and Peters, Js., concurred.
The rules of the Supreme Court effective July 1, 1979 are not applicable to this appeal because the finding was filed prior to July 1, 1979. Practice Book, 1978, § 3166, as amended to take effect July 1, 1979. The plaintiff would be prejudiced by allowing the defendant now to assign as error the failure of the trial court to make a certain conclusion of law. Rizzo v. Price, 162 Conn. 504, 512-13, 294 A.2d 541 (1972).
“‘Practice Book [§ 3027] requires the trial court to set forth in its finding such facts as may be “necessary to present the questions [279] which the appellant desires reviewed.” The court is not expected, much less required, to speculate as to what issues the appellees might also wish to have reviewed incident to the appellant’s appeal. . . . [A]n appellant in such circumstances is not adequately protected by the right to file a reply brief ....’” Id., 512.
The Iliaeo court continued: “[T]he appellee did not assign as error the court’s erroneous conclusion of law, but rather, the court’s failure to make certain conclusions. This situation is clearly prejudicial to the appellant. . . . [Ujnder Connecticut procedure if the appellee’s counter finding carries indications that he is trying to insert extraneous issues in the appeal, the appellant is given no opportunity to file a 'counter counter finding.’ The appellant is prevented from presenting facts bearing on the court’s failure to arrive at particular conclusions. The appellant, having had no opportunity to introduce facts into the finding which would support the court’s action, the failure to file a cross appeal is prejudicial and fatal.” Id., 513; see also Duksa v. Middletown, 173 Conn. 124, 129-30, 376 A.2d 1099 (1977).