Dupree v. Dupree

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to that court for the exercise of its discretion.

The parties were divorced on July 28, 1981, and the husband was required to pay $100 per week in child support pursuant to the terms of a stipulation which was incorporated and merged into the divorce judgment. At the time of the parties’ divorce, the husband was earning approximately $20,000 per year doing road excavation and backfill work. The job took him away from his family in Ogdensburg, New York, but he returned home…