Baker v. Baker

Appeal from an order of the Family Court of Franklin County (Main, Jr., J.), entered December 29, 2009, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior child support order.

The parties are the parents of two children, a son born in 1990 and a daughter born in 1993. In August 2007, the parties entered into a separation agreement wherein they agreed, among other things, to joint legal custody of the children with “primary placement” with respondent (hereinafter the father). The parties further agreed that, notwithstanding…