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CLAYTON v. MUTH

144 N.J. Super. 491 (1976)

366 A.2d 354

EDITH T. MUTH CLAYTON, PLAINTIFF, v. WILLIAM C. MUTH, DEFENDANT.

Superior Court of New Jersey, Chancery Division (Matrimonial).

Decided October 26, 1976.

Attorney(s) appearing for the Case

Mr. Frederick J. Sikora for plaintiff (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

Mr. Vincent K. Loughlin for defendant (Messrs. Johnstone & O'Dwyer, attorneys).

GRIFFIN, J.S.C.

The legal issue presented in this case is the right of the court to consider an upward modification of child support in the face of an agreement between the parties. There has been a substantial change in circumstances which would warrant a modification of a judgment, but the change would probably not reach the unconscionability test mandated by Schiff v. Schiff, 116 N.J.Super. 546 (App. Div. 1971),...

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