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Archive for the ‘Child-support-modification’ Category

*All Posts,Child-support-modification,Modification of Alimony

There is no brightline rule to distinguish the duration of temporary changed circumstances from those which are long-term

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March 2, 2012 at 5:13 pm

*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

*All Posts,Child-support,Child-support-modification

The enforcement, collection, modification and extinguishment of unpaid arrearages in child support payments are matters addressed to the sound discretion of the court

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January 26, 2012 at 2:54 pm

*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

*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

*All Posts,Child-support-modification

When the movant is seeking modification of child support, the guiding principle is the best interests of the children

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December 19, 2011 at 8:46 pm

*All Posts,Child-support,Child-support-modification,Motions,Property-settlement-agreement,Settlement agreement

A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other field

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December 11, 2011 at 10:17 pm

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

Trial courts retain jurisdiction to modify marital agreements on a showing of changed circumstances notwithstanding the existence of a PSA

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November 29, 2011 at 11:37 am

*All Posts,Child-support,Child-support-modification

Child support cost of living adjustments

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November 14, 2011 at 8:21 pm

*All Posts,Child-support,Child-support-modification,Cost of Education

Once one of the parties’ children enters a residential four-year college involving comparatively higher costs, then it would appear inappropriate to rely solely upon the parties’ incomes as a proxy for their ability to pay

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November 14, 2011 at 1:43 pm

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