Marriage of Welch
The parties to this appeal are former spouses, appellant Jeanne M. Welch (Jeanne) and respondent Robert H. Welch (Robert). Jeanne challenges two family court orders, which were made following an evidentiary hearing in a post-judgment dissolution proceeding. The first order denied Jeanne's motion for rescission of an agreement concerning spousal support, which was brought on the ground of Robert's fraud. As to that order, Jeanne asserts both that her right to rescission was established in a prior appeal and that her fraud claim is not precluded by the doctrine of res judicata, as the trial court found. The second order granted Robert's request to modify spousal support, which was brought on the ground of changed circumstances. As to that order, Jeanne asserts that the trial court lacked subject matter jurisdiction to modify support since Robert had a pending appeal, and, in any event, the modification lacks evidentiary support.
For reasons explained below, as to the first order, we reverse and remand the matter for further proceedings, based on our determination that Jeanne's rescission claim is not barred by res judicata. As to the second order, for support modification, we affirm.
Comments on Marriage of Welch