Paul M. v. Roberta M.

OPINION OF THE COURT

Joseph A. Esquirol, Jr., J.

THE FACTS

Petitioner, Paul M., the custodial parent, has initiated this proceeding seeking modification of the parties’ divorce decree. The parties entered into a separation agreement which provides for custody of the two infant issue of the marriage to go to the father. The separation agreement *1095made no reference to child support although there is a clause relating to support of the wife for a limited time period.

The agreement was incorporated but not merged in the subsequent divorce judgment. The divorce decree, like the separation agreement,…