MATTER ZAID S. v. YOLANDA N.A.A.


24 A.D.3d 118 (2005)

804 N.Y.S.2d 742

In the Matter of ZAID S., Appellant, v. YOLANDA N.A.A., Respondent.

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

December 1, 2005.


Under Family Court Act § 451, the court has no discretion to cancel, reduce or otherwise modify child support arrears accrued prior to the making of an application for such relief. "Child support arrears must be awarded in full, regardless of whether the defaulter has good cause for having failed to seek modification prior to their accumulation" (Matter of Dox v. Tynon, 90 N.Y.2d 166, 174 [1997]). There is no exception for arrears...

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