Legal Opinion

Weinschneider v. Weinschneider

Appellate Division of the Supreme Court of the State of New York

Decided October 11, 2011Published

1Opinion of the Court

“The terms of a stipulation of settlement that is incorporated but not merged into a judgment of divorce operate as contractual obligations binding on the parties. Generally, child support provisions deriving from such an agreement may be modified upon a showing that the agreement was not fair and equitable when entered into, or upon a showing of an unanticipated and unrea*807sonable change in circumstances” (Martin v Martin, 80 AD3d 579, 580 [2011] [internal citations omitted]). Here, the father did not establish that the parties’ stipulation of settlement was not fair and equitable when entered…

2Cases cited6 opinions

  1. Manno v. MannoAppellate Division of the Supreme Court of the State of New York · 1996
  2. Tuchrello v. TuchrelloAppellate Division of the Supreme Court of the State of New York · 1994
  3. Dallin v. DallinAppellate Division of the Supreme Court of the State of New York · 1998
  4. Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 2011
  5. McMullen v. AmbrosianiAppellate Division of the Supreme Court of the State of New York · 1993

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