Klaperman v. Klaperman

OPINION OF THE COURT

David B. Saxe, J.

Once divorcing spouses have agreed to their respective child support obligations in a separation agreement, and those terms are incorporated in a divorce decree, can a substantial disparity between the parents’ respective economic circumstances form the basis of judicial modification of those support *37obligations? Ordinarily, the mere existence of such an economic disparity by itself is not enough to justify modification. However, because of the unusual and unforeseeable circumstances presented here, I hold that the effect of the disparity on the child can…