MATTER OF O'CONNOR v. CURCIO


281 A.D.2d 100 (2001)

724 N.Y.S.2d 171

In the Matter of ANNA O'CONNOR, Respondent, v. JAMES G. CURCIO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 2001.


Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, East Meadow (M. Allan Hyman and Meredith W. Ayres of counsel), for appellant.

Schoenfeld & Peters, L. L. P., Roslyn Heights (Richard B. Schoenfeld of counsel), for respondent.

ALTMAN, J. P., McGINITY and SCHMIDT, JJ., concur.


OPINION OF THE COURT

GOLDSTEIN, J.

At issue is whether a party may waive child support payments that are due pursuant to an agreement, order, or judgment. We hold that child support payments may be waived prospectively, before the obligation to make such payments has accrued.

The facts are undisputed. In 1988 the parties entered into a stipulation of settlement which was incorporated but not merged in their judgment of divorce. That stipulation provided...

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