Legal Opinion

Lamaitis v. Mitchell

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 1981PublishedCited by 2 opinions

1Opinion of the Court

Appeal from an order of the Family Court of Madison County, entered November 26, 1979, which, after a hearing, granted petitioner’s application for a downward modification of a child support order. The parties were married in 1970. On February 26, 1979 they executed a separation agreement. The following day, the respondent wife obtained a decree of divorce and was awarded custody of the parties’ two children. The separation agreement, which contemplated increased child support if the petitioner father’s income increased, was incorporated but not merged in the decree. Jurisdiction to modify…

2Cited by2 opinions

  1. Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1986
  2. Kaplan v. SmithAppellate Division of the Supreme Court of the State of New York · 2005

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