BELLCOURT v. BELLCOURT


169 A.D.2d 855 (1991)

Phyllis A. Bellcourt, Respondent, v. Walter L. Bellcourt, Appellant. (And a Related Proceeding.)

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

January 3, 1991


Yesawich, Jr., J.

In a 1979 separation agreement, later incorporated but not merged into the parties' divorce decree, defendant undertook to pay plaintiff $20,000 per year in permanent maintenance. Thereafter, a disabling illness forced defendant to retire from the practice of law. When he failed to meet his maintenance obligation, plaintiff sued and defendant, in his answer, counterclaimed for a downward modification in the payment. Plaintiff then moved...

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