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BARBARA N. v. JAMES H.N.

62 A.D.3d 178 (2009)

877 N.Y.S.2d 16

In the Matter of BARBARA N., Appellant, v. JAMES H.N., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 31, 2009.

Attorney(s) appearing for the Case

Stern & Zingman, LLP, New York City (Joel S. Stern of counsel), for appellant.

Dreier, LLP, New York City (Donald Lockhart Schuck and Elana F. Sinensky of counsel), for respondent.

MAZZARELLI, J.P., ANDRIAS, BUCKLEY and FREEDMAN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

The principal issue is whether petitioner is precluded from seeking to modify the terms of an agreement providing for the support of her nonmarital child because of the constraints of Family Court Act § 516 (a).

Petitioner became pregnant after a brief relationship with respondent that had ended by the time she gave birth in September of 1991. In 1992, the parties negotiated a child support agreement which was...

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