Fuller v. Witte

Appeal from an order of the Family Court of Broome County (Ray, J.), entered March 30, 2004, which dismissed petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior child support order.

Eetitioner and respondent are the divorced parents of five children; two are in college and one is emancipated. Their November 1996 judgement of divorce incorporated, but did not *984merge, a stipulation of settlement detailing their respective liability for, among other things, child support. Such stipulation provided that respondent would pay the full cost of the…