Justice Leonard Steinman
Ex-wife N.S. and ex-husband A.S. entered into a stipulation of settlement resolving all issues stemming from their divorce proceedings, including custody and child support. The agreement did not provide A.S. a concomitant right to seek a downward modification of his child support obligations in the event his income was reduced, only that if his income fell below $250,000 the parties would renegotiate the maintenance award. A.S. lost his job and took a different position at a salary of $150,000, and moved for a downward modification of his child support and maintenance obligations. A court granted his application, reducing the child support obligations and erasing outstanding maintenance arrears owed to N.S. Wife sued for breach of the parties' stipulation, and A.S. moved for summary judgment dismissing her claims. The court ruled the agreement that was incorporated, but not merged into the divorce judgment survived the judgment, and remained enforceable. Hence, N.S. was entitled to summary judgment on her contract claim for unpaid child support under the terms of the parties' stipulation. While the court found A.S. was entitled to a reduction of his support obligation under the divorce judgment, it did not find he was relieved from his contractual obligations.
