MATTER OF BARRY v. McWEENEY


252 A.D.2d 523 (1998)

675 N.Y.S.2d 287

In the Matter of Patricia (McWeeney) Barry, Respondent, v. Patrick McWeeney, Appellant

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

July 13, 1998


Ordered that the order is affirmed, with costs.

Contrary to the father's contention, Family Court Act § 413 (the Child Support Standards Act) is applicable in a proceeding to modify a child support order based on the provisions of a separation agreement which predates that statute's enactment (see, Family Ct Act § 413 [1] [l]; [3] [a]). Neither the child, who is not a party to the agreement, nor the court, which may adjust support provisions...

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