Legal Question in Family Law in South Carolina
Meaning of Court Orders?
If a portion of an initial seperation/property settlement agreement was non-modifiable, yet was subsequently modified by a new agreement between the parties and put into writing in 3 different court orders without stipulating in writing that the non-modifiable portion was once again non-modifiable, is that portion on the initial agreement still non-modifiable? If so, what law covers it? If not, what law covers it? The last 2 court orders specifically stipulate that all non-modified portions of the initial agreement are included in these orders, so it seems to me that the non-modifiable portion is now modifiable.
2 Answers from Attorneys
Re: Meaning of Court Orders?
Gotta see the agreements and orders to figure that one out.
Re: Meaning of Court Orders?
I'm sorry I don't agree ith you. If an agreement by it's terms is nonmodifiable - usually that means BY A COURT. The parties are always able to modify or come to new terms in a writing signed by both parties. My opinion is if a new agreement incorporated terms of a prior agreement, then the new agreement carried with it whatever terms came with those old provisions. The non-modifability of the incorporated provisions do not have to be reaffirmed in every new agreement that incorporates it.
Good luck
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