Kelly v. Kelly

*1296Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the divorced parents of three children (born in 1991, 1995 and 2000). Pursuant to a separation agreement entered into in February 2004, which was incorporated, but not merged, into their judgment of divorce, the parties agreed to share legal and physical custody of the children, with the mother having primary physical custody. The agreement also contained a provision regarding child support, which deviated from the presumptively correct amount pursuant to the Child Support Standards Act (see Family Ct Act § 413…