Dax v. Dax

Appeal from an order of the Supreme Court (McNamara, J.), entered December 6, 2004 in Albany County, which denied plaintiffs motion to modify the child support provisions of a prior judgment of divorce.

The parties married in 1973 and are the parents of one child born in 1986. They entered into a separation agreement in 1989, which was incorporated but not merged in their 1990 judgment of divorce. Among other terms, the parties agreed that plaintiff would pay $300 per week in child support until the child reaches the age of 23. Plaintiff also agreed to assume all costs of the child’s college…