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Faherty v. Faherty

477 A.2d 1257 (1984)

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Faherty v. Faherty

New Jersey Supreme Court

477 A.2d 1257 (1984)

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.)

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