McKenzie v. Shepard’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a court could retrospectively modify the rights of a party under a decree incorporating a settlement agreement, the agreement becomes virtually worthless. This development would violate well-established Wyoming law favoring settlement agreements. Furthermore, allowing retrospective modifications of divorce decrees may encourage default. A party might decide to stop payment and allow arrearages to accrue to a substantial amount, with the hope and anticipation that the court will cancel the accrued payments owed to the receiving party. We prefer a rule which encourages a party to seek modification of a divorce decree at the moment his financial situation changes.”

   1 later decision quote this exact passage
   e.g. State, Department of Family Services v. Peterson

2. “While agreements and stipulations between the divorced parties are presumed fair and favored by the courts, such agreements must be promptly submitted to the district court having jurisdiction to revise the original decree. The parties may not independently revise the decree, only the district court can do that, when warranted.”

   1 later decision quote this exact passage
   e.g. State, Department of Family Services v. Peterson