MATTER OF SMITH v. SMITH


159 A.D.2d 929 (1990)

In the Matter of William A. Smith, Appellant, v. Katherine D. Smith, Also Known as Nirmala Dole, Respondent

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

March 29, 1990


Yesawich, Jr., J.

In November 1983, after 16 years of marriage, the parties divorced. Their separation agreement, which was incorporated into the divorce decree, provides, in paragraph 19 thereof, that petitioner "covenants and agrees to pay all sums necessary [or] desireable [sic] for the support and maintenance of the [child of the marriage]".

Petitioner filed a petition seeking to modify the divorce judgment to require respondent, the...

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