Faherty v. Faherty

477 A.2d 1257 (1984)

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Nature of the Case

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Facts

Susan (W) and Roger (H) were divorced in 1977 and had four dependent children at that time. Prior to the divorce, they executed a property settlement agreement that was incorporated into the divorce. The agreement had an arbitration clause pursuant to the American Arbitration Association rules and that the decision of the arbitrator was binding on the parties; arbitration was a condition precedent to access to the courts to resolve any problems. W moved in Chancery for an order regarding past due alimony and child support. H claimed W was in arrears for $24,500 in support payments and had defaulted on one of the equitable distribution promissory notes of $25,000. H cross-moved seeking to compel arbitration. The Chancery issued an order to compel arbitration. The parties selected an arbitrator and submitted their respective claims. The arbitrator found for W and W moved in Chancery to confirm her awards in arbitration. H cross-moved to vacate the arbitrator's award and for court hearings to modify his prior and future payments due to changed circumstances. The court confirmed the award and denied H relief. H appealed.