MATTER OF COLEMAN v. COLEMAN


1 A.D.3d 833 (2003)

767 N.Y.S.2d 169

In the Matter of PATRICK COLEMAN, Appellant, v. CHERYL COLEMAN, Respondent.

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

November 26, 2003.


Rose, J.

The parties, who were married in 1976, separated in 1997 and divorced in 2001, are the parents of an autistic child who was born in 1993. Their separation agreement, which was incorporated but not merged in the divorce judgment, provided that respondent was to have custody of the child while petitioner was to pay child support in the amount of 17% of his income or $1,449 per month. Soon after the divorce, respondent placed the child in full-time, year-round...

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