Shirback v. Shirback

Order, insofar as appealed from, unanimously reversed, on the law and facts, without costs, and application denied. Memorandum: Family Court forgave the arrears in alimony and child support because of the delay of the Department of Social Services in ascertaining petitioner’s whereabouts in Canada and in taking action to enforce the alimony and support provisions of the divorce decree. This was error.

Under the 1980 amendment to Domestic Relations Law § 236 (A); §§ 240, 244 (L 1980, ch 645, §§ 2, 4, 5), the court no longer has broad discretion in determining whether to cancel or reduce the…