Legal Question in Family Law in Pennsylvania

The following is a section from my divorce agreement regarding alimony. "In the event Husband defaults in the payment of Alimony ... and the amount in arrears totals $6,000.00, Wife shall give written notice to Husband and the Escrow Agent of Husband's default. Husband shall have thirty (30) days from the date of the notice to cure said default." If my husband fails to cure the default, there are relevant consequences. What would you consider "curing" the default? I believe that curing would mean to pay the full defaulted amount and bringing his payments back up to date. My lawyer believes that my husband only has to cure enough of the default to bring his amount in arrears total below $6,000 again. I've asked another lawyer who said that a strong argument can be made that my husband has to pay off the arrears balance in full to be out of default. He advised me that my current lawyer should press this issue and ask the court to enforce the default provision since my husband only paid enough to leave his arrears total around $5,000. Who is right?


Asked on 5/12/15, 11:19 am

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Depends who drafted the language of the settlement document?

{John}

Read more
Answered on 5/13/15, 7:02 am
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

The Divorce Agreement was poorly drafted because the language is ambiguous. I would have to say that the husband must pay the full amount of the arrears in order not to be held in breach of the Divorce Agreement, otherwise the husband would never be in default, even where there was an outstanding amount that he failed to pay.

A very simple example will illustrate this - Assume that an Agreement states that X must pay $100 per week. X pays $90. X is in breach of the Agreement, period. The second week comes around and X again pays only $90. X has defaulted and is in breach of the Agreement because X has not paid in accordance with the terms of the Agreement. We would not say that X is only "partially" in default. X is either in compliance with the payment terms of the Agreement, or X is in default. It is a simple "either, or" proposition. If X does not make the payments as required by the Agreement, then X has breached the Agreement and X is in default.

Kindest Regards,

ANDREA G. TILLIS

Read more
Answered on 5/14/15, 3:23 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania