Kelly v. Edwards

Ness, Justice:

This is an appeal from an order of the family court requiring appellant, Arthur J. Edwards, to pay child support and perform other affirmative acts under a 1969 separation agreement which was incorporated but not merged in a subsequent Mexican divorce. We vacate and remand.

Edwards first asserts the family court lacked subject matter jurisdiction because this is a contractual dispute. We agree.

The parties were married in New York. In 1969 they entered into a separation agreement which contained the following pertinent language:

“(16) Nothing herein contained shall be deemed to…