Commissioner of Department of Social Services v. Charles B.

Appellate Division of the Supreme Court of New York

Commissioner of Department of Social Services v. Charles B.

91 A.D.3d 455, 935 N.Y.2d 881

Appellate Division of the Supreme Court of the State of New York·Decided January 10, 2012·Published·Cited by 2 cases

Opinion

[456] The Family Court properly denied the application. Family Court Act § 451 (1) provides that a “modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section.” Respondent’s reliance on Matter of Blake v Syck (230 AD2d 596, 599 [1997], lv denied 90 NY2d 811 [1997]) is misplaced, as in that case the father’s income never exceeded the poverty income guidelines, and accordingly the child support arrears could not exceed $500 (see Family Ct Act § 413 [1] [g]; see also Matter of Commissioner of Social Servs. v Campos, 291 AD2d 203 [2002]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and AbdusSalaam, JJ.

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[456] The Family Court properly denied the application. Family Court Act § 451 (1) provides that a “modification, set aside or vacatur shall not reduce or annul child support arrears accrued prior to the making of an application pursuant to this section.” Respondent’s reliance on Matter of Blake v Syck (230 AD2d 596, 599 [1997], lv denied 90 NY2d 811 [1997]) is misplaced, as in that case the father’s income never exceeded the poverty income guidelines, and accordingly the child support arrears could not exceed $500 (see Family Ct Act § 413 [1] [g]; see also Matter of Commissioner of Social Servs. v Campos, 291 AD2d 203 [2002]). Concur — Mazzarelli, J.E, Sweeny, Moskowitz, Acosta and AbdusSalaam, JJ.

Commissioner of Department of Social Services v. Charles B., 91 A.D.3d 455, 935 N.Y.2d 881 (N.Y. Ct. App. 2012).

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Opinion

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