Duffy v. Duff

Facts

H and W were married and adopted a daughter. H decided he wanted to separate from We. During their separation, the parties worked together to sell their marital home, divide the proceeds, pay their various debts, and distribute their personal property. They negotiated an agreement on the terms of their divorce, which was reduced to writing in the form of a letter addressed to W's attorney, whom the parties agreed would then prepare a formal agreement incorporating the terms they agreed upon for review by H's lawyer. The letter dealt with a broad range of outstanding issues, including financial terms, child support, and the legal and physical custody of their daughter. [Both parties read over the letter drafted by H and signed it. W's attorney prepared a Marital Settlement Agreement (hereinafter referred to as the 'Draft Agreement') incorporating the terms set out in the Letter, and sent it to H. H did not execute the Draft Agreement, but the parties abided by the terms set out in the Letter from May 2001, when the Letter was signed, until November 2002, when H unilaterally reduced his child support payment from the $5,000 per month provided for in the Letter, to $2,000 per month. At trial, H testified that his main point of contention was the amount of child support set out in the Letter ($5000 per month), and that he challenged the enforceability of the Letter as an agreement primarily in order to have the court reach an independent judgment as to the appropriate amount of child support, which he proposed should be $2000 per month -- the amount to which he had reduced his monthly support payment in November 2002. The trial court ruled that the Letter is an enforceable contract, and in the order granting H's complaint for divorce, ordered past and ongoing child support to be paid in the amount specified in the Letter. This appeal resulted.

Issues

Rule of Law

Holding and Decision

Legal Analysis

© 2007-2024 ABN Study Partner.