In Re Marriage of Fessler
Court had no jurisdiction to modify periodic payments where maintenance was waived.
Court had no jurisdiction to modify periodic payments where maintenance was waived.
Stipulation maintaining child support notwithstanding a subsequent reduction in income is enforceable and is not contrary to public policy.
Stipulation waiving maintenance for Section 71 payments cannot be modified.
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.