(DOWNLOAD) "Robert C. Phillips v. Mildred N. Phillips" by Supreme Court of Idaho No. 10435 # eBook PDF Kindle ePub Free
eBook details
- Title: Robert C. Phillips v. Mildred N. Phillips
- Author : Supreme Court of Idaho No. 10435
- Release Date : January 05, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This case presents for decision in this Court questions regarding the law of divorce which have long plagued this Court and
have resulted in substantial confusion. The questions put to us are in essence these: When a husband and wife enter into a
separation and property settlement agreement in contemplation of a divorce and the parties are divorced at a later time, what
is the legal status of such agreement? Is the district court prevented from exercising its jurisdiction over the matters
contained in the agreement? Are the doctrines of "merger" and "integration" rational bases upon which to decide the above
questions? The ultimate question to be decided in the light of the above questions is, may the court at some future time
following the divorce modify the decree? After some 22 years of marriage the parties hereto separated. They entered into an agreement of separation, which included
in one part thereof a division of their community property. Following such division the husband agreed that, to balance the
interests of the parties, he would, in addition, pay the wife the sum of approximately $12,000. It is agreed that such amount
has been paid. Another portion of the agreement dealt with the support of the minor child of the parties. It is agreed that
the support money has been paid and is no longer necessary since the child has reached the age of majority. Another part of
the agreement dealt with monies to be paid to the wife for her support in the amount of $300 per month. It is undisputed that
those payments have been made up to the present time.
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