Summary:
A woman and her wife had entered into a valid separation agreement awarding the client maintenance in excess of the statutory amount. When deciding on spousal support, the Family Court refused to honor the valid agreement of the parties because it was drafted in contemplation of divorce, and divorces are not decided in Family Court.
What SHOULD Have happened?
The Judge should have had the power to review and consider the Separation Agreement without having to take into consideration the limits imposed by the court structure. The Court’s ability to make a decision should be based on the full facts and circumstances. No litigant should have to face losing their potential rights that another court can offer.
Why Does This Matter?
In a time-sensitive situation, the wife didn’t have the opportunity to have her issue fully heard. In the end, she lost her emergency funding.
What DID Happen:
A woman and her wife had entered into a valid separation agreement awarding the client maintenance in excess of the statutory amount. Neither party commenced a divorce. The client desperately needed financial support and sought spousal support in the Family Court. The Family Court refused to honor the valid agreement of the parties because it was drafted in contemplation of divorce. The adverse party refused to pay the higher amount she had consented to in the agreement, leaving the client without adequate support to qualify for emergency support (a one-shot deal from Human Resources Administration (HRA.)