Perera v. Perera

Appeal from an order of the Family Court of Chemung County (O’Shea, J.), entered April 18, 1997, which dismissed petitioner’s application, in a proceeding pursuant to Family Court Act article 4, for an upward modification of child support.

In June 1990, the parties executed a separation agreement that addressed, inter alia, the payment of child support by respondent in the amount of $1,000 monthly for each of the three unemancipated children. Such agreement further provided that it should be incorporated but not merged with any subsequent divorce decree. However, by divorce judgment entered…