Blaikie v. Mortner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J. P.
The issue before us is whether, under the circumstances of this case, the provisions of a separation agreement establishing child support exceeding the statutory child support guidelines, that is incorporated by reference but specifically not merged into the judgment of divorce, will govern postdivorce child support notwithstanding its upward departure from the statutory guidelines.
The parties were married in 1988. The marriage resulted in two children born in 1990 and 1992, respectively. In a separation agreement dated December 19, 1996, the parties agreed to a…
2Cases cited6 opinions
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Sievers v. EstelleAppellate Division of the Supreme Court of the State of New York · 1995
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
- Farca v. FarcaAppellate Division of the Supreme Court of the State of New York · 2000
- Klein v. KleinAppellate Division of the Supreme Court of the State of New York · 1998
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