SZCZYGIEL v. SZCZYGIEL


153 Misc.2d 411 (1991)

Noreen Szczygiel, Plaintiff/Respondent, v. William T. Szczygiel, Defendant/Petitioner.

Supreme Court, Erie County.

December 3, 1991


Attorney(s) appearing for the Case

Charles S. Spinner for defendant. K. Michael Sawicki for plaintiff.


JOSEPH J. SEDITA, J.

This motion and cross motion raise an issue which appears to be one of first impression. The parties were divorced in 1985 and entered into a binding agreement which was not merged in the judgment.

The agreement provided for a certain amount of child support which was duly paid until 1990. The petitioner's illness caused him to take his disability pension from his place of employment...

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