MATTER OF EMMITT-KLINGER v. KLINGER


48 A.D.3d 992 (2008)

852 N.Y.S.2d 449

In the Matter of SHARON EMMITT-KLINGER, Respondent, v. ROBERT M. KLINGER, Appellant.

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

Decided February 28, 2008.


Cardona, P.J.

In February 2005, the parties entered into a separation agreement whereby respondent agreed to, among other things, pay child support. The separation agreement was incorporated but not merged into the parties' March 2005 judgment of divorce. Petitioner commenced this proceeding in March 2006 seeking to enforce the child support provisions of the agreement claiming that respondent had not made any payments. Following a hearing,

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