MATTER OF McANDREW v. McANDREW

2010-11040.

84 A.D.3d 1381 (2011)

924 N.Y.S.2d 549

In the Matter of AARON D. McANDREW, Appellant, v. MICHELLE L. McANDREW, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 31, 2011.


Ordered that the order dated September 23, 2010, is reversed, on the facts, without costs or disbursements, the objection is granted, the order dated June 29, 2010, is vacated, and the matter is remitted to the Family Court, Nassau County, for further proceedings on the father's petition.

A party seeking to modify a child support obligation contained in a stipulation of settlement which was incorporated but not merged into the subsequent judgment of divorce must demonstrate...

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