Raymond v. Pietro

In 1987, in the course of their divorce action, the parties entered into a stipulation which, among other things, provided that respondent would pay petitioner—who was to have primary physical custody of their only child, Brett (then four years old)—$45 per week as child support. This stipulation was not merged into the ensuing judgment of divorce but survived as an independent agreement.

*755In 1994, petitioner brought the instant application seeking an upward modification of respondent’s child support obligation, claiming that the stipulated amount was unfair and inequitable when agreed to and…