Legal Question in Family Law in New York
Has precident been set?
If a verbal agreement made to modify a seperation agreement has been followed for over 10 years, has precident been set which would stop one of the parties from from denying there ever was such a verbal agreement?
1 Answer from Attorneys
Re: Has precident been set?
No "precedent" is set via the facts you described.
However, an agreement can be modified by an oral agreement in certain LIMITED circumstances.
The Circumstances and items to be considered are:
Nature of original Agreement, Intention of the Parties when entering the Agreement, Understanding and Disclosure, prior to executing the Agreement; whether modification clause is included in Agreement; whether Laches, or Estoppel attaches, and so forth.
As indicated, there is no promise that you will not be stuck with o/s jdmt for arrears under the original agreement. But you must handle this matter now to avoid the possibilty of increased costs and misunderstanding.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ
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