MATTER OF SMITH v. SMITH


44 A.D.3d 1081 (2007)

842 N.Y.S.2d 617

In the Matter of JOHNA M. SMITH, Appellant-Respondent, v. RUSSELL E. SMITH, Respondent-Appellant.

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

Decided October 4, 2007.


Mercure, J.P.

The parties are married and the parents of three children (born in 1985, 1988 and 1989). They separated in 1999 and executed a written separation agreement in 2003. The agreement provided, among other things, that respondent would provide petitioner $100 per week in spousal maintenance and $250 per week in child support. In January 2006, petitioner commenced this proceeding seeking an upward modification of maintenance and child support. Respondent counterclaimed...

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