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LAW OFFICE
OF
SUSAN CASTLETON RYAN, P.C.
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SIDE AGREEMENTS TO COURT
ORDERS: ARE THEY ENFORCEABLE?
In October
1996, Joan Quinn filed a complaint for contempt, alleging her former
husband, Sean Quinn, failed to pay the $350.00 weekly court ordered
child support. Sean filed an answer stating that his former
wife agreed to accept $275.00 per week as part of an April 9, 1993
"agreement." Although the "agreement" was
never presented or approved by the Court, Sean felt it was a defense
to the contempt. The trial judge modified the child support,
and did not enter a judgment of contempt.
Joan filed an appeal, and the Massachusetts Appeals Court disagreed
with Sean. The post divorce
"agreement" predated the amendment to M.G.L.
c. 9A, section 13(a), which does not permit a judge to
reduce arrearages for child support, except when there is a pending
complaint for modification. Stating "parents may not
bargain away the rights of their children to support from either of
them," the Court found that an agreement to accept less money
than due was not a defense to the contempt. The trial court's
original judgment was reversed, and the action remanded to the
Probate Court for the purposes of establishing arrearages, or
addressing the issue anew at such a hearing, unless Sean filed a
complaint for modification.
The moral of this case is that parties can make agreements.
However, to avoid a future filing of contempt, any post-divorce
changes/agreements should be accomplished by filing a complaint for
modification. These agreements must be presented and approved
by the Court to determine that the terms of such a new agreement, if
related to child support, are in the best interests of the children.
Despite being on good terms with an ex-spouse, with assurances that
he/she agrees to the changes, unless and until the Court gives its
approval, the existing Court order/judgment controls.
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HAPPY HOLIDAYS!
The most festive time of year is
here. It is a time for family gatherings, gift exchanges, and
of course, delicious food. Last year, the office decided to
donate the cost of cards and postage to the Abington Food Pantry
instead of sending holiday cards and greetings to our families,
clients, and colleagues. This year we have decided to once
again make a donation to the Abington Food Pantry. The Food
Pantry serves the Abington community, providing food and toiletry
items for those in need. We hope our donation will help others
who need assistance at this time. If you wish to support this
worthy organization, or others on the South
Shore, please click here for
information. In the alternative, there are donation cans
located in the office.
Paula, Rachel,
and I wish you and your families Happy Holidays, and hope the New
Year brings health and prosperity to everyone.
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COMING IN NEXT MONTH'S ISSUE . . .
Alimony: Does It Ever End?
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If anyone has a topic that would be of general interest, please do not
hesitate to contact the office and let us know what items would be of
general interest to the readers of this newsletter.
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Susan C. Ryan, Esq.
Law Office of Susan Castleton Ryan, PC
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This newsletter is designed to keep
you up-to-date with changes in the law. For help with these or
any other legal issues, please call our firm today.
The information in this newsletter is
intended solely for your information .
It does not constitute legal advice, and it should not be relied on
without a discussion of your specific situation with an attorney.
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