O' Connor v. Curcio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
At issue is whether a party may waive child support payments that are due pursuant to an agreement, order, or judgment. We hold that child support payments may be waived prospectively, before the obligation to make such payments has accrued.
The facts are undisputed. In 1988 the parties entered into a stipulation of settlement which was incorporated but not merged in their judgment of divorce. That stipulation provided that the parties’ child would live with the mother, and the father would pay $400 per month in child support. The stipulation was signed and…
2Cases cited16 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Matter of Dox v. TynonNew York Court of Appeals · 1997
- Matisoff v. DobiNew York Court of Appeals · 1997
- Swanton v. CurleyNew York Court of Appeals · 1937
- Maule v. KaufmanNew York Court of Appeals · 1973
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3Cited by24 opinions
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- Duffy v. DuffyAppellate Division of the Supreme Court of the State of New York · 2006
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