Wednesday, December 10, 2003

Court can't modify contract incorporated into order

In Smith v. Smith, the Virginia Court of Appeals in an opinion by Judge Bumgardner, joined by Judges Annunziata and Frank, reversed the trial court's decision to modify the ex-husband's support obligations, where the parties had reached an agreement on support and the agreement was incorporated into the Court's order.

The appeals court said the "merger" of the contract into the circuit court's order does not somehow empower the circuit court to modify the terms of the deal.

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