Marriage of Kuchenbecker v. Schultz
Estoppel does not apply to agreement regarding health care expenses for minor children as court can order health care expense responsibility without agreement of parties.
Estoppel does not apply to agreement regarding health care expenses for minor children as court can order health care expense responsibility without agreement of parties.
Attempt to prevent review of maintenance by the court violates public policy. Unless maintenance is waived, court cannot be deprived of jurisdiction to modify.
Rules of contract construction used to interpret an ambiguous child support provision.
Stipulation waiving or setting cap on child support violated public policy.
(1) Wife estopped from seeking modification of maintenance where she stipulated in divorce judgment that maintenance would not be modifiable. (2) Stipulations prohibiting modification of maintenance are not against public policy.
Provisions of judgment that waive maintenance control over provision that requires husband to pay mortgage as “support,” and, thus, no modification of judgment to award maintenance to wife.
Stipulation was not ambiguous, specifically payments were maintenance and thus stop on remarriage.
General recitation of contract law, specifically what constitutes a meeting of the minds and oral contracts.
Mutual release in divorce agreement surrenders or waives husband’s option to purchase marital interest in company stock.
Stipulation resolving custody/placement issues which provided that it would be included in F & Js was intended to reflect the final resolution, unlike an interlocutory agreement which can be disavowed.