Chalk v. Chalk

In a matrimonial action in which the parties were divorced by judgment entered November 3, 2006, the defendant appeals from an order of the Supreme Court, Dutchess County (For-man, J.), dated August 10, 2009, which denied those branches of his motion which were to vacate the child support provisions of the judgment of divorce and to set aside the child support provisions of the parties’ separation agreement dated August 8, 2005, which were incorporated but not merged into the judgment of divorce.

Ordered that the order is affirmed, with costs.

In August 2005 the parties entered into a written…