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Divorce Lawyers Phoenix

February 14, 2008

Res Judicata

Filed under: Uncategorized — admin @ 10:26 am

The trial court was not barred by res judicata from considering facts that were new since the last hearing in relation to the propriety of the maintenance award.
Res judicata and collateral estoppel did not bar husband’s action for arrearage in wife’s contributions to children’s educational expenses.  Wife’s action seeking an increase in child support had no effect on husband’s action seeking reimbursement from wife for her alleged failure to contribute to children’s college expenses. 
While the decree is conclusive and res judicata as to all facts and circumstances existing prior to its entry, the court has the continuing power, for causes accruing subsequent to its entry, to modify the provisions of the decree to meet the changed conditions of the parties.

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