CARSON v. SCHETTINE


83 A.D.2d 750 (1981)

Linda L. S. Carson, Respondent, v. John A. Schettine, Appellant

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

July 9, 1981


Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Livingston County, for further proceedings in accordance with the following memorandum: In this action on a separation agreement for unpaid child support accrued since June, 1974, Trial Term erred in awarding the full contractual amount of arrears without considering the possible effect of the husband's disability on his support obligation in light of the provision in the agreement that "if...

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