Faherty v. Faherty
New Jersey Supreme Court
477 A.2d 1257 (1984)
- Written by Liz Nakamura, JD
Facts
Susan Faherty (defendant) and Roger Faherty (plaintiff) entered into a separation agreement pursuant to which any financial disputes between them must be arbitrated as a condition precedent to judicial relief. The separation agreement was incorporated into the divorce judgment. Susan sued Roger in the chancery division for child support and alimony arrearages. Roger cross-moved to compel arbitration. The chancery division ordered an arbitration on the arrears and on Roger’s claim that his future support payments should be reduced. After a lengthy arbitration, the arbitrator fixed the amount of arrears and denied Roger’s request for a reduction in future payments. The chancery division confirmed the arbitration award on Susan’s motion. Despite first moving to compel the arbitration, Roger cross-moved to vacate the arbitration award, arguing the arbitration provision in the separation agreement was unenforceable as against public policy and that the arbitration award was clearly erroneous. The chancery division denied Roger’s cross-motion, and Roger appealed. The appellate division dismissed Roger’s appeal, finding his claims without merit. Roger appealed.
Rule of Law
Issue
Holding and Reasoning (Garibaldi, J.)
What to do next…
Here's why 830,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
