Department of Human Services v. Leifester – Past Child Support
An award of past child support is enforceable even if it was obtained 14 years after the birth of the child. Under these facts, the UIFSA includes the power to issue or enforce a support order, modify a support order or render a judgment to determine parentage as well as to determine the amount of any arrearages and specify a method of payment. [...]
Parker v. State, Dep’t of Revenue, CSED – Paternity Suit
Conceiving a child in a state can establish sufficient minimum contacts to enable that state to exercise personal jurisdiction. A court can exercise personal jurisdiction over a nonresident defendant when the defendant’s contacts with the forum state are such that he could reasonably anticipate being haled into court there. [...]
Faherty v. Faherty – Divorce Settlement – Arbitration
Faherty v. Faherty, 477 A.2d 1257 (N.J. 1984).
NATURE OF THE CASE: This case involved a legal dispute over an arbitration provision in a divorce settlement.
FACTS: Susan (W) and Roger (H) Faherty had four dependent children at the time of their divorce in 1977. Prior to the divorce they executed a property settlement agreement that [...]
Jorgensen v. Jorgensen – Property Settlement Agreement – Fraud
A party may be barred from equitable relief if they simply failed to investigate bald faced claims by a fiduciary. The parties have a duty to disclose the true nature of the facts because of the fiduciary relationship between husband and wife with respect to community property. [...]
Goldman v. Goldman – Divorce – Marital Settlement Agreement
A written contract may be modified by a subsequent oral agreement even if the parties have failed to employ the particular method of modification as specified in the contract. The testimony of the parties on the day of the entry of the divorce judgment clearly established that they intended the agreement to merge into the divorce agreement. [...]
In re Marriage of Manzo – Property Settlement Agreement
A court may set aside a separation agreement that is unfair, unjust and unreasonable merely on account of a unilateral mistake by one of the parties, even if there was no overreaching, concealment of assets, or sharp dealing. However, in light of the totality of the economic circumstances and the actual result of the agreement in this case we believe that the end result was fair, just and reasonable.
In re Crosswhite – Bankruptcy Discharge of Divorce Decree Debt
Debt obligations under a divorce decree are not dischargeable unless the debtor is either unable to pay the debt from disposable income or the benefit to the debtor in discharging the debt outweighs the detriment to the debtor’s former spouse or child. The court must place the burden on the debtor to prove that the debt should be discharged. [...]
Lowery v. Lowery – Maintenance Order – Prospective Modification
A court with jurisdiction over an obligor under a maintenance order from another state has the power to modify that order prospectively if the state issuing it allows prospective modification. A maintenance order issued in another state is entitled to full faith and credit only with respect to the amounts already accrued, and then only if such amounts are not subject to retroactive modification in the issuing state. [...]
Decker v. Decker – Divorce – Contempt for Failure to Pay Support
Problems of domestic relations involving alimony, support and maintenance, and property settlements, together with related court orders, do not normally fall into the debtor creditor category. Arrearages in alimony and support payments do not constitute a debt within the meaning of the constitutional prohibition. [...]
Konzelman v. Konzelman – Divorce – Cohabitation Clauses
A property settlement agreement can be enforceable if it provides for the termination of alimony payments in the event that a spouse cohabitates with another for a period longer than four months.