applying uniform federal law to question of whether there has been a “legal separation” under § 1432(a)
How later courts described this case
- applying uniform federal law to question of whether there has been a “legal separation” under § 1432(a)
Written by the judges who cited it.
The opinion
WIDENER, Circuit Judge,
dissenting:
I respectfully dissent.
According to section 8-101(a) of the Maryland Family Code, “[a] husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.” Moreover, a separation agreement between man and wife under Maryland law is a contract between the parties, subject to the same general rules governing other contracts. Pumphrey v. Pumphrey, 11 Md.App. 287 , 273 A.2d 637, 639 (Md.Ct.Spec.App.1971).
In my opinion, Maryland courts would consider the written Separation Agreement in this case a federal “legal separation” under Maryland law.
*409 Other jurisdictions have held, as we hold, that a parent can legally bind himself by separation agreement to support a child after emancipation, and such an agreement will be enforceable as any other contract. Pumphrey, 273 A.2d at 640 (emphasis added).
I am thus of opinion Maryland state law should govern this matter of family law.