Donnelly v. Matheson

In an action to recover accrued arrears of child support which are due and payable pursuant to a separation agreement, defendant husband appeals from an order of the Supreme Court, Rockland County (Walsh, J.), dated January 17, 1984, which denied his motion for summary judgment dismissing the complaint.

Order affirmed, with costs.

The parties entered into a separation agreement which was thereafter incorporated, but not merged, into a judgment of divorce. Accordingly, the separation agreement continued in effect as a separate and independent contractual arrangement between the parties (Goldman…