Breech of S/A


#1

If former spouse does not pay reimbursement of dependent child expenses as stipulated in SA, is that justification for breech which then makes the entire SA null & void therefore the spousal support would be elimnated.


#2

Depends on the terms of the contract, but you can surely sue for the money owed based on the contract.


#3

Mostly looking for a jusifiable “breech”, then the SA goes out the window along with the S/S. Dependent child has almost aged-out so the reimburshment is no big deal, but the s/s continues.


#4

You’d have to sue to try to rescind the contract based on her breach.


#5

Double-check the SA. Most well-written SAs have “severability” clauses stating that if one section/paragraph of the agreement is breached, the others are still valid and must be performed by the relevant parties.

NOT AN ATTORNEY


#6

Is this what you mean?

  1. SEVERABILITY. In the event any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect

#7

Yep. That’s a severability clause. It means what it says. If breech has occurred in one area nullifying the terms of that provision, the other provisions of the contract still exist and have to be adhered to or there is risk of breech on those items. So, if the provision governing how expenses are divided for the child is nullified due to breach, you’d still have to pay alimony unless that is also dealt with in the same provision/paragraph. (Which it shouldn’t be if the attorney that drew it up isn’t a hack.)