Rathbun v. Winchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMahoney, J.
Appeal from an order of the Family Court of Warren County (Austin, J.), entered April 17, 1990, which partially granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, for an upward modification of respondent’s child support payments.
The parties were divorced in April 1985 by judgment incorporating a previous separation agreement which provided that respondent pay $40 in weekly child support for the single child born of the marriage. By petition dated June 8, 1989, petitioner applied for an upward modification of child support. A hearing was held and…
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