BUTLER v. BUTLER


50 A.D.2d 776 (1975)

Mollie Butler, Appellant, v. Alan J. Butler, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1975


The separation agreement between the parties provided for support for the wife, which agreement was incorporated into but not merged in a divorce decree subsequently obtained. The husband applies for downward modification, and the wife cross-moves for the enforcement of the support provisions. One of the issues seems to be whether, while the husband is receiving retirement income, he is in "unemployment status" as that term appears in the agreement, when he works one day...

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