Wagner v. Wagner

Order unanimously reversed on the law with costs and petition dismissed. Memorandum: Petitioner appeals from an *964order of Family Court which modified two prior consent orders of maintenance by eliminating a durational limit and by directing petitioner to pay respondent $82.50 per week indefinitely. On appeal, petitioner contends that the court erred in extending petitioner’s maintenance obligation indefinitely and in determining without a hearing that respondent lacked the mental capacity to consent to the prior support agreement and that she currently lacks the ability to be self-supporting.

Th…