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Archive for the ‘Property-settlement-agreement’ Category

*All Posts,Agreements,Child-support,Property-settlement-agreement,Settlement agreement

A parent may not waive a child’s right to support

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March 12, 2012 at 12:57 pm

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*All Posts,Agreements,Child-custody,Child-visitation,Divorce,Property-settlement-agreement,Settlement agreement

A party seeking modification of a judgment, incorporating a PSA regarding custody or visitation, must meet the burden of showing changed circumstances and that the agreement is now not in the best interests of a child

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March 12, 2012 at 12:55 pm

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*All Posts,Agreements,Divorce,Litigation,Motions,Property-settlement-agreement,Relief from judgment,Settlement agreement

when a party is represented by an attorney, states he or she understands the agreement, and there are no substantiated allegations of fraud, unconscionability or overreaching in the negotiations of the PSA, there is no legal or equitable basis to reform the agreement

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March 6, 2012 at 6:34 pm

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*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

The provisions in a MSA which permitted the parties to seek modifications based upon changes in plaintiff’s income are triggers that, when met, constituted the equivalent of a changed circumstance, which would then allow the court to consider a modification application without the necessity of the moving party demonstrating additional changed circumstances

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February 7, 2012 at 5:58 pm

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*All Posts,Agreements,Contracts,Divorce,Litigation,Property-settlement-agreement,Settlement agreement

Prejudgment interest in contract actions are assessed on a discretionary basis as the result of the application of equitable principles

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February 2, 2012 at 11:43 am

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*All Posts,Agreements,Alternative Dispute Resolution,Arbitration,Mediation,Property-settlement-agreement,Settlement agreement

The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements

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January 30, 2012 at 4:05 pm

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*All Posts,Agreements,Divorce,Midnuptial Agreement,Premarital Agreement,Property-settlement-agreement,Separation Agreement,Settlement agreement

Any matrimonial agreement may be set aside when it is the product of fraud or overreaching by a party with power to take advantage of a confidential relationship or is unconscionable

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January 17, 2012 at 5:50 pm

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*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

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*All Posts,Divorce,Legal Malpractice,Property-settlement-agreement,Settlement agreement

The existence of a settlement agreement does not operate to automatically preclude a client from alleging that her attorney’s advice led her to accept an inadequate settlement

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January 5, 2012 at 11:11 am

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*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

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