IN RE: Connie L. PRICE (1999)

Appeal from an amended order of the Family Court of St. Lawrence County (Lumb, H.E.), entered December 22, 1997, which, in a proceeding pursuant to Domestic Relations Law § 37-a, inter alia, registered a foreign support order and fixed respondent's child support arrears.

Pursuant to an order rendered by an Arizona court in 1992, respondent was ordered to pay child support in the amount of $283 per month.   In August 1997, respondent was notified by the Family Court of St. Lawrence County that the foreign support order would be registered in St. Lawrence County unless respondent filed a petition seeking to stay, vacate or reopen the child support order.   He responded by letter dated September 9, 1997 stating that he did not object to the order being confirmed and requested that the $283 per month be paid by income execution.   Thereafter, the Hearing Examiner issued an order confirming registration of the foreign support order and directing respondent to pay child support arrears in the amount of $21,595.25.   Respondent, in turn, filed written objections with Family Court to that part of the order fixing and directing payment of the arrears.   Family Court, inter alia, sustained respondent's objection to that part of the Hearing Examiner's order stating that respondent failed to appear or respond to the notice and remanded the matter to the Hearing Examiner to correct the error.   The Hearing Examiner issued an amended order referencing respondent's September 9, 1997 letter but did not, however, modify the arrears disposition.   This appeal by respondent ensued.

Our review of the record discloses that respondent did not have notice that arrears would be considered in connection with the registration of the foreign support order in St. Lawrence County.   The notice served upon respondent did not advise him of that fact nor did respondent communicate his consent to entry of an order fixing arrears in his September 9, 1997 letter.   The St. Lawrence County Attorney concedes that respondent did not receive proper notice of the application for arrears and requests remittal to Family Court.   Under all the circumstances, the proceeding is remitted to Family Court for a hearing on the issue of child support arrears.

ORDERED that the amended order is modified, on the law, without costs, by reversing so much thereof as fixed child support arrears;  matter remitted to the Family Court of St. Lawrence County for a hearing on the issue of child support arrears;  and, as so modified, affirmed.

CARDONA, P.J.

MERCURE, YESAWICH Jr., CARPINELLO and GRAFFEO, JJ., concur.