Fox v. Fox

Appeal from an order of the Family Court of Saratoga County (Abramson, J.), entered January 2, 2003, which, in a proceeding pursuant to Family Court Act article 4, granted respondent’s motion to dismiss the petition.

Petitioner and respondent were married in 1989 and have two minor children. They entered into a separation agreement in October 1995 that was later incorporated, but not merged, into an April 1997 judgment of divorce. Pursuant to the separation agreement, respondent paid $250 per week for support of the children. In August 2000, petitioner commenced this proceeding seeking an…