MATTER OF MILLER v. MILLER


308 A.D.2d 541 (2003)

764 N.Y.S.2d 850

In the Matter of MERRILY MILLER, Respondent, v. EDWARD R. MILLER, Appellant.

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

Decided September 22, 2003.


Ordered that the order is affirmed, with costs.

The Family Court properly denied the father's objections to the order of the hearing examiner. Contrary to the father's contentions, his claims of, inter alia, indigence or unclean hands cannot be the basis of a reduction of child support arrears already accrued. Pursuant to Domestic Relations Law § 244, a court cannot cancel or reduce the amount of child support arrears accrued prior to the making of an application...

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