Mass v. Mass

Appeal from an order of the Family Court of Delaware County (Kepner, Jr., J.), entered June 2,1980, which dismissed the petition for lack of jurisdiction. The parties’ marriage was ended by a Mexican decree of divorce entered July 28, 1962, which incorporated, but did not merge, a prior separation agreement. Petitioner initiated this proceeding by petition dated October 15,1979, seeking an upward modification of the support provision upon ground that: “the cost of living has risen drastically, and the respondent is not complying with paragraph 8 of the separation agreement which state[d] * *…