Separation and Property Settlement Agreements: When does breach by one party excuse performance by the other?

Published for On the Civil Side on April 11, 2018.

Father files a complaint alleging mother breached terms of an agreement by not paying alimony and child support. Mother admits she has not paid but argues that she should not have to pay because dad consistently has failed to comply with the custody provisions of the agreement by refusing to allow her to see the children and has repeatedly violated a provision in the agreement that he would not harass her.

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