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Tag Archives: Separation Agreement

Domestic Relations – Parent & Child – Custody Modification – Return to Original Schedule – Change in Religion (access required)

Meduri v. Meduri (Lawyers Weekly No. 14-16-0700, 21 pp.) (Linda McGee, J.) Appealed from Buncombe County District Court (Susan Dotson-Smith, J.) N.C. App. Unpub. Holding: Since the parties’ separation agreement, which was incorporated into their divorce judgment, provided for every-other-weekend ...

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Domestic Relations – Separation Agreement – Unincorporated – Breach of Contract – Specific Performance Clause – First Impression – Ability to Perform (access required)

Reeder v. Carter Even though the parties’ separation agreement says they are entitled to enforce it by specific performance, parties may not contract around an established legal standard. The specific performance clause in the separation agreement does not negate plaintiff’s burden of proving the equitable requirements for specific performance

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Domestic Relations – Separation Agreement – Consent Judgment – Public Employees – Pension – Defined Benefit Plan — Mutual Mistake Claim (access required)

Digh v. Digh In a 1998 consent judgment, the defendant-husband agreed to make the plaintiff-wife the alternate payee of his retirement benefits equal to half of the account attributable to the amount accrued during the marriage, plus interest.

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Domestic Relations – Civil Practice – Contempt Motion – Separation Agreement – Life Insurance Policy (access required)

Willis v. Willis In plaintiff’s separation agreement, incorporated into the judgment of her divorce from David Willis, she waived her right to receive proceeds from David’s life insurance policies. David died three years later without having removed plaintiff as the beneficiary on one of his two life insurance policies. Plaintiff was not in contempt when she failed to turn over David’s life insurance proceeds to his estate.

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Domestic Relations – Separation Agreement – Oral – Unenforceable (access required)

Marks v. Marks Where the parties were separated and intended to live separate and apart forever when they entered into an oral contract, and where the contract involves payments for spousal support and from the sale of marital or divisible property, the contract was governed by G.S. § 52-10.1. Because the contract was not in writing and acknowledged by both parties before a certifying officer as defined in G.S. § 52-10(b), it was unenforceable.

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Domestic Relations – Separation Agreement – Specific Performance – Arrearages & Future Payments – Income Suppression – Alimony & Child Support (access required)

Praver v. Raus The trial court did not need to make findings of fact as to the adequacy of plaintiff’s remedy at law before specifically enforcing the parties’ separation agreement as to future payments. However, the trial court was required to make findings of fact and conclusions of law regarding the adequacy of plaintiff’s remedy at law before awarding her specific enforcement as to arrearages under the separation agreement.

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