Murphy v. Murphy

467 A.2d 129 (1983)

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Nature of the Case

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Facts

H and W made a separation agreement. H was to pay to W unallocated alimony and child support in the sum of $462 each week. H has now filed a motion before the court asking that his support obligation be reduced to $250 a week because his income estimations at the time the agreement was entered into were higher than his actual income has turned out to be. W filed an answer opposing the relief requested. W does admit that H is presently financially unable to meet his obligations under the agreement and indicates a willingness to be satisfied presently with payment of $350 per week support. H argues that when the agreement was incorporated into the divorce decree, the court gained full power to modify that agreement. W insists that the agreement retains its contractual nature and the court has no power to modify the terms of the agreement.