Opinion
May 4, 1998
Appeal from the Supreme Court, Queens County (Kitzes, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court did not err in denying that branch of the plaintiff's motion which was to modify the child support provisions in the judgment of divorce and the stipulation of settlement which was incorporated but not merged in the judgment, by cancelling further support obligations. The plaintiff failed to demonstrate either that the agreement was unfair or inequitable when entered into, or that there had been an unanticipated and unreasonable change in circumstances and that he had a concomitant showing of need to justify the modification (see, Merl v. Men, 67 N.Y.2d 359, 362; Matter of Boden v. Boden, 42 N.Y.2d 210, 213; Ruggerio v. Ruggerio, 173 A.D.2d 595).
Furthermore, pursuant to Domestic Relations Law § 244, the court could not cancel the child support arrears since, under that statute, there can be no modification of child support for any period prior to the initiation of an application for such modification (see, Domestic Relations Law § 244; Matter of Dox v. Tynon, 90 N.Y.2d 166, 173-174; Scheinkman, Practice Commentary, McKinney's Cons Laws of NY, Book 14, Domestic Relations Law § 244, at 752; Scheinkman, Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 14, Domestic Relations Law § 244, 1997-1998 Interim Supp Pamph, at 556).
The plaintiff's remaining contentions are without merit.
Ritter, J.P., Sullivan, Krausman and Luciano, JJ., concur.