Zambito v. Zambito

Casey and Yesawich, Jr., JJ.,

dissent and vote to reverse in a memorandum by Yesawich, Jr., J. Yesawich, Jr., J. (dissenting). We respectfully dissent.

The parties’ separation agreement placed a heavy financial support obligation upon defendant, which he honored for 10 months. Then, reacting to plaintiff’s decision to deny his visitation, he ceased making payments. When efforts to reconcile failed plaintiff commenced this action, initially seeking custody, support, maintenance and equitable distribution determinations. In her amended complaint, however, she sought a conversion divorce.…