Staley v. Staley

— Order unanimously affirmed with costs. Memorandum: The former wife sought enforcement in Family Court of support under a divorce decree incorporating but not merging a separation agreement. The former husband counterclaimed for modification. The Hearing Examiner ruled that modification was required. Family Court, however, concluded that circumstances had not substantially changed from those within the contemplation of the parties at the time of the agreement and divorce decree, and therefore made an order dismissing the counterclaims and remitting the matter to the Hearing Examiner to…