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BLAIKIE v. MORTNER

274 A.D.2d 95 (2000)

713 N.Y.S.2d 148

JENNIFER M. BLAIKIE, Appellant, v. RICHARD MORTNER, Respondent.

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

August 17, 2000.

Attorney(s) appearing for the Case

Richard Abrams of counsel, New York City (Arthur Morrison, Lawrence Morrison and Susan Cohen on the brief; Morrison Law Offices, P. C., attorneys), for appellant.

Richard M. Mortner, respondent pro se.

WALLACH, RUBIN, SAXE and BUCKLEY, JJ., concur.

OPINION OF THE COURT

TOM, J. P.

The issue before us is whether, under the circumstances of this case, the provisions of a separation agreement establishing child support exceeding the statutory child support guidelines, that is incorporated by reference but specifically not merged into the judgment of divorce, will govern postdivorce child support notwithstanding its upward departure from the statutory guidelines.

The parties were married in 1988...

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