Parent, Child and Family - Support - Petition for Downward Modification of Child Support Properly Dismissed Where Children were Emancipated at Time of Filing

Parent, Child and Family - Support - Retroactive Modification of Child Support Arrears

Order, Family Court, New York County (Maria Arias, J.), entered on or about May 6, 2024, denying petitioner mother's objections to an order of the same court (Monera Mohamed Seliem, S.M.), dated February 5, 2024, which dismissed the mother's petition for a downward modification of child support, unanimously affirmed, without costs.

Under the particular circumstances of this case, Family Court properly denied the mother's objections to the Support Magistrate's order, which dismissed the mother's petition on the ground that the children were already emancipated under the terms of the parties' custody and child support stipulation when the mother filed the petition. The mother herself averred in the petition that the children were emancipated, and the father also stated, in his response to the mother's objections, that the mother was asking for a downward modification after her child support obligation already expired. We can discern no basis to disturb Family Court's conclusion, which is entitled to great deference (see Matter of Anthony L. v Bernadette R., 193 AD3d 510, 510 [1st Dept 2021]).

To the extent the mother sought reduction or modification of child support arrears that accrued before she filed the petition, "[t]he law is well settled that child support arrears cannot be modified retroactively" (Matter of Mary P. v Joseph T.P., 132 AD3d 404, 404 [1st Dept 2015], citing Matter of Dox v Tynon, 90 NY2d 166, 173-174 [1997]; Family Ct Act § 451). Concur—Manzanet-Daniels, J.P., Kennedy, Kapnick, Scarpulla, Higgitt, JJ.