Islip, NY asked in Divorce for New York

Q: If SCJ grants withdrawal downward mod without predj. def waits 4 years to cross again, when does date start?

Def made a motion in family court, was denied due to phrase "in lieu of maintenance" def to pay $5400 / month to pay bills, he was also denied downward mod for CS. He reapplied to argue renew or vacate judgement of divorce in supreme, was denied but granted a hearing for downward mod. at hearing said he was not prepared, was granted withdrawal of motion without prejudice. but judge left denial order in place for argue renew or vacate. I put in violation motion this year,his atty. crossed with same argue renew or vacate, which in judges orders said not to do, plus no motion for downward mod 4 years later. when does date for def arrears start , end? I think start since original order of 2012 even though he was granted a hearing for downward mod in 2015, since no downward mod was ever officially filed in Supreme court. plus he withdrew, and never filed for a downward mod 4 years after he withdrew.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: Your question is very confusing. In general arrears accrue from the date they were not paid. They continue to accrue until the order is modified (if it ever is). If downward mod hearing was never had due to resp withdrawing motion, he can move for downward mod whenever he wants.

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