Legal Opinion
Matter of Dox v. Tynon
New York Court of Appeals
Decided June 5, 1997PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Under the current scheme for enforcing court-ordered child support obligations, courts may not reduce or cancel any arrears that have accrued (see, Domestic Relations Law § 236 [B] [9] [b]; § 244; Family Ct Act §§ 451, 460 [1]). This prohibition is the culmination of a series of statutory amendments that, since 1980, have curtailed judicial power to modify accumulated child support arrears and instead shifted the burden to the paying spouse to act prospectively by seeking a reduction of support obligations before default.
The novel question here is whether…
2Cases cited8 opinions
- Swanton v. CurleyNew York Court of Appeals · 1937
- Maule v. KaufmanNew York Court of Appeals · 1973
- Axelrad v. AxelradAppellate Division of the Supreme Court of the State of New York · 1955
- Axelrad v. AxelradNew York Court of Appeals · 1955
- Friedman v. ExelAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Mandelowitz v. BoddenAppellate Division of the Supreme Court of the State of New York · 2009
- O' Connor v. CurcioAppellate Division of the Supreme Court of the State of New York · 2001
- Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 2006
- Russo v. IrwinAppellate Division of the Supreme Court of the State of New York · 2008
- Blake v. SyckAppellate Division of the Supreme Court of the State of New York · 1997
91 more not listed; retrieve them via the Exa API.