Appellate Division of the Supreme Court of the State of New York August 17, 2000 (Blaikie v. Mortner)

OPINION OF THE COURT

Tom, J. P.

The issue before us is whether, under the circumstances of this case, the provisions of a separation agreement establishing child support exceeding the statutory child support guidelines, that is incorporated by reference but specifically not merged into the judgment of divorce, will govern postdivorce child support notwithstanding its upward departure from the