MATTER OF IANNIELLO v. FOX


33 A.D.3d 1094 (2006)

823 N.Y.S.2d 246

In the Matter of MARY J. IANNIELLO, Appellant-Respondent, v. THOMAS H. FOX, Respondent-Appellant. (And Another Related Proceeding.)

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

Decided October 19, 2006.


Lahtinen, J.

The parties' 1997 judgment of divorce incorporated but did not merge a 1995 separation agreement in which they opted out of the Child Support Standards Act (see Family Ct Act § 413 [hereinafter CSSA]) and respondent agreed to pay petitioner $250 per week child support for their two children (born in 1990 and 1991). Approximately two years after the divorce, both children were diagnosed with learning disabilities. Petitioner, who remarried...

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