Audrey D. v. Michael O.

This is a proceeding under article 4 of the Family Court Act for payment of child support pursuant to a Mexican divorce decree that incorporated a separation agreement. Conceding that he has stopped making the payments specified in the agreement, respondent seeks to justify nonpayment on the basis of petitioner’s breach of various provisions of the agreement. Petitioner contends that the doctrine *231of dependent conditions on which respondent relies, only governs in proceedings to enforce an agreement, and is inapplicable in proceedings like the instant one to enforce a decree incorporating an…