Haas v. Haas

Generally, where there is a subsisting agreement between the parties for the separate support of the wife, the court cannot grant alimony until the contract is set aside or impeached. Where there is an issue as to the breach of an agreement, ordinarily the same cannot be determined, on affidavits alone, but must await proper inquiry and proof. In the present instance, however, defendant concedes that he has not made the agreed payments. Under such circumstances, the court is warranted in finding a prima facie repudiation of the agreement and is authorized to fix temporary alimony and counsel…