Mallard v. Mallard

Mercure, J.E

Appeal from an order of the Family Court of Franklin County (Main, Jr., J.), entered September 8, 2004, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to hold respondent in willful violation of a prior order of support.. The parties were married in 1964 and were divorced in 1976 pursuant to a judgment that incorporated but did not merge their 1974 separation agreement requiring respondent to pay petitioner $300 per month in spousal support. The separation agreement also provided “that as long as [respondent] shall have…