# Breech of S/A

**URL:** <https://forum.rosen.com/t/breech-of-s-a/13970>\
**Category:** Divorce and Separation Answers\
**Created:** [June 11, 2012, 7:43pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970 "2012-06-11T19:43:17Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![newday1993](https://avatars.discourse-cdn.com/v4/letter/n/2acd7d/32.png) [@newday1993](https://forum.rosen.com/u/newday1993)\
**Post date:** [June 11, 2012, 7:43pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/1 "2012-06-11T19:43:17Z")

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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.

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**Author:** ![Ryan\_Short](https://avatars.discourse-cdn.com/v4/letter/r/34f0e0/32.png) [@Ryan\_Short](https://forum.rosen.com/u/Ryan_Short)\
**Post date:** [June 11, 2012, 8:46pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/2 "2012-06-11T20:46:02Z")

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

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**Author:** ![newday1993](https://avatars.discourse-cdn.com/v4/letter/n/2acd7d/32.png) [@newday1993](https://forum.rosen.com/u/newday1993)\
**Post date:** [June 12, 2012, 1:37pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/3 "2012-06-12T13:37:25Z")

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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.

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**Author:** ![Ryan\_Short](https://avatars.discourse-cdn.com/v4/letter/r/34f0e0/32.png) [@Ryan\_Short](https://forum.rosen.com/u/Ryan_Short)\
**Post date:** [June 12, 2012, 2:03pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/4 "2012-06-12T14:03:02Z")

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

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**Author:** ![athos](https://avatars.discourse-cdn.com/v4/letter/a/f1d935/32.png) [@athos](https://forum.rosen.com/u/athos)\
**Post date:** [June 14, 2012, 5:47pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/5 "2012-06-14T17:47:03Z")

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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** _

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**Author:** ![newday1993](https://avatars.discourse-cdn.com/v4/letter/n/2acd7d/32.png) [@newday1993](https://forum.rosen.com/u/newday1993)\
**Post date:** [June 15, 2012, 5:28pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/6 "2012-06-15T17:28:48Z")

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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

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**Author:** ![athos](https://avatars.discourse-cdn.com/v4/letter/a/f1d935/32.png) [@athos](https://forum.rosen.com/u/athos)\
**Post date:** [June 15, 2012, 5:51pm UTC](https://forum.rosen.com/t/breech-of-s-a/13970/7 "2012-06-15T17:51:54Z")

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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.)