From Casetext: Smarter Legal Research

In the Matter of Miller v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 2003
308 A.D.2d 541 (N.Y. App. Div. 2003)

Opinion

2002-05276

Submitted September 9, 2003.

September 22, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Edlitz, J.), entered May 3, 2002, which denied his objections to an order of the same court (Furman, H.E.), entered February 4, 2002, which, after a hearing, inter alia, found that the total amount of child support arrears reduced to money judgments that remained valid and unsatisfied was $192,798 and that the amount of net child support arrears not yet reduced to a money judgment was $16,397.

Edward R. Miller, Tampa, Fl., appellant pro se.

Merrily Miller, Katonah, N.Y., respondent pro se.

Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, HOWARD MILLER, THOMAS A. ADAMS, JJ.


DECISION ORDER

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 for a modification of child support ( see also Family Ct Act § 451; Howfield v. Howfield, 250 A.D.2d 573, 574). Here, the father's repeated requests for a downward modification had been denied. In addition, despite the father's claims to the contrary, in calculating the amount of net child support arrears, the hearing examiner considered evidence regarding payments the father allegedly made or wages that were garnished from his salary.

The father's remaining contentions either are without merit or not properly the subject of this appeal.

RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.


Summaries of

In the Matter of Miller v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 2003
308 A.D.2d 541 (N.Y. App. Div. 2003)
Case details for

In the Matter of Miller v. Miller

Case Details

Full title:IN THE MATTER OF MERRILY MILLER, respondent, v. EDWARD R. MILLER, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 22, 2003

Citations

308 A.D.2d 541 (N.Y. App. Div. 2003)
764 N.Y.S.2d 850

Citing Cases

Salman v. Salman

The wife's first application for maintenance and child support was December 5, 2011 ( seeDomestic Relations…

R.I. v. T.I.

The Court notes that an award of maintenance and child support is effective as of the date of application…