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JOHNA M.S. v. RUSSELL E.S.

10 N.Y.3d 364 (2008)

889 N.E.2d 471

859 N.Y.S.2d 594

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

Court of Appeals of the State of New York.

Decided April 29, 2008.

Attorney(s) appearing for the Case

Harlem & Harlem, Oneonta (Richard A. Harlem of counsel), for appellant.

Arroyo Copland & Associates PLLC, Albany (Cynthia Feathers of counsel), and Lester A. Sittler, Fly Creek, for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge PIGOTT; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

Petitioner wife and respondent husband, married in 1982, are the parents of three children. They separated in 1999 and executed a written separation agreement in 2003. No divorce action has been commenced.

The separation agreement provides that the husband would pay the wife $100 per week in spousal maintenance and $250 per week in child support. The section of the agreement...

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