Swartz v. Swartz

Order unanimously affirmed, with costs. Memorandum: The appellant husband appeals

from a denial of his petition for a downward revision of alimony which he is required to pay respondent, his former wife, under the terms of a separation *1013agreement which was incorporated by reference, but not merged, in a Mexican judgment of divorce. The appellant argued in Family Court that his former wife’s financial circumstances and income have improved substantially in the intervening years and that he has remarried and has a family. The Family Court is empowered to entertain appellant’s application to…