Mezz v. Hitchcock

—Peters, J.

Appeal from an order of the Family Court of Albany County (Maney, J.), entered September 26, 1997, which, inter alia, granted respondent’s application, in a proceeding pursuant to Family Court Act article 4, for modification of prior support orders.

The parties’ separation agreement was incorporated but not merged into their April 1996 judgment of divorce. By the terms of such agreement and a court order of support dated June 24, 1996, respondent, as the noncustodial parent, was ordered to pay $500 per month toward the support of the parties’ three children. On February 20, 1997,…