(a) A decree or separate order entered under § 1518 of this title may be modified or terminated only as follows:
(1) Support for a child, only as provided in Chapter 5 of this title, or otherwise;
(2) Custody and/or visitation of a child, only as provided in Chapter 7 of this title, or otherwise;
(3) Property disposition, only upon a showing of circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of this State;
(4) Alimony or any other relief awarded, only upon a showing of real and substantial change of circumstances.
(b) Unless otherwise agreed by the parties in writing and expressly provided in the decree, the obligation to pay future alimony is terminated upon the death of either party or the remarriage of the party receiving alimony.
(c) Any alimony order entered pursuant to § 1512 of this title shall be enforced in this State exclusively by the Family Court in the county wherein the respondent resides or is found, or in the county where petitioner resides if respondent does not reside and cannot be found in this State, regardless of whether such petitioner was the petitioner or the respondent in the divorce action, and such Family Court, on proper showing of either of such petitioner or such respondent or on its own motion, may modify or terminate support obligations formerly decreed by the Superior Court.
59 Del. Laws, c. 350,
§
1;
60 Del. Laws, c. 297,
§§
11, 12;
61 Del. Laws, c. 365,
§
22;
Notes of Decisions
Husband B. W. D. v. Wife B. A. D., 436 A.2d 1263 (Del. 1981).
· cites it 2× “The Family Court ruled that as to respondent's cohabitation with a man to whom she is not related by a ceremonial marriage, it is "settled law in [that] Court that the fact of cohabitation with a person of opposite sex is not, in and of itself, grounds to *1266 terminate an…”
Fletcher v. Feutz (Del. 2021).
· cites it 4× “6 Third, the Agreement states that “the alimony obligation provided for herein shall be subject to modification or termination as provided in 13 Del. C. § 1519(a)(4)[,]” which relates to a real and substantial change of circumstances.”
Terro-Edmon v. Edmon (Del. 2020).
“The Family Court found that many of the Wife’s claims were previously resolved and therefore barred by the doctrine of res judicata.”
Fielder v. Fielder (Del. 2020).
“20 See 13 Del. C. § 1519 (a)(4) (providing for modification of an alimony award “only upon a showing of real and substantial change of circumstances”).”
Lebanon Cnty. Employees' Ret. Fund v. Collis (Del. Ch. 2023).
“” 13 Del. C. § 1519(a)(3). The high court therefore turned to Superior Court Civil Rule 60(b)(2), which permits relief from a judgment for “newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b).”
Shilling v. Shilling (Del. 2024).
“Under 13 Del. C. § 1519(a)(3), a modification or termination of an order for the disposition of property stemming from divorce can only be made “upon a showing or circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court.”
Miller v. Miller (Del. 2014).
“(8) Under 13 Del. C. § 1519(a)(4), the Family Court may modify or terminate alimony “only upon a showing of real and substantial change in circumstances.”
— 13 Del. C. § 1519(a)(3) — 2 cases
Lebanon Cnty. Employees' Ret. Fund v. Collis (Del. Ch. 2023).
“” 13 Del. C. § 1519(a)(3). The high court therefore turned to Superior Court Civil Rule 60(b)(2), which permits relief from a judgment for “newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b).”
Shilling v. Shilling (Del. 2024).
“Under 13 Del. C. § 1519(a)(3), a modification or termination of an order for the disposition of property stemming from divorce can only be made “upon a showing or circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court.”
— 13 Del. C. § 1519(a)(4) — 3 cases
Fletcher v. Feutz (Del. 2021).
“6 Third, the Agreement states that “the alimony obligation provided for herein shall be subject to modification or termination as provided in 13 Del. C. § 1519(a)(4)[,]” which relates to a real and substantial change of circumstances.”
Terro-Edmon v. Edmon (Del. 2020).
“The Family Court found that many of the Wife’s claims were previously resolved and therefore barred by the doctrine of res judicata.”
Miller v. Miller (Del. 2014).
“(8) Under 13 Del. C. § 1519(a)(4), the Family Court may modify or terminate alimony “only upon a showing of real and substantial change in circumstances.”
— 13 Del. C. § 1519(b) — 1 case
Husband B. W. D. v. Wife B. A. D., 436 A.2d 1263 (Del. 1981).
“The Family Court ruled that as to respondent's cohabitation with a man to whom she is not related by a ceremonial marriage, it is "settled law in [that] Court that the fact of cohabitation with a person of opposite sex is not, in and of itself, grounds to *1266 terminate an…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.