Szczygiel v. Szczygiel

OPINION OF THE COURT

Joseph J. Sedita, J.

This motion and cross motion raise an issue which appears to be one of first impression. The parties were divorced in *4121985 and entered into a binding agreement which was not merged in the judgment.

The agreement provided for a certain amount of child support which was- duly paid until 1990. The petitioner’s illness caused him to take his disability pension from his place of employment, and he was found eligible for Social Security disability benefits. Fortunately, these two income sources resulted in a comparable income level to the level enjoyed by…