IN RE: A. R. (2025)

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, Support Magistrate), 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 A.D.3d 510, 510, 148 N.Y.S.3d 18 [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 A.D.3d 404, 404, 17 N.Y.S.3d 115 [1st Dept. 2015], citing Matter of Dox v. Tynon, 90 N.Y.2d 166, 173–174, 659 N.Y.S.2d 231, 681 N.E.2d 398 [1997];  Family Court Act § 451).