Laub v. Zaslavsky

McEWEN, Judge:

We are here called upon to determine whether arrearages, which had been created solely as a result of the retroactive application of a support order, constitute “past-due support” as that term is used in Section 464 of the Social Security Act, subjecting the obligor to the provisions of the federal income tax refund intercept statutes. The distinguished Judge Jerome A. Zaleski concluded that such arrearages do not constitute “past-due support” and cannot form the basis upon which to intercept a federal income tax refund owed to the obligor. We agree.

This appeal has been taken…