Legal Question in Family Law in New York

Re: child support and qdro order

A QDRO is granted as part of equitable distribution of the marital assets. It is an independent obligation that has little to do with child support.

With regard to his petition to vacate a child support order for not having a job, I do not know why you feel that the court will vacate a prior child support order. Just because he does not have a job is not reason enough to modify a prior child support order. It is well settled law that a court should not grant a downward modification where a spouse's own actions or inactions bring about a reversal in that party's financial condition. Dupree v. Dupree, 62 NY2d 1009. A court would grant a downward modification if the husband was to prove an inability to return to his prior position, that he had limited vocational skills and that he was inable to continue to make weekly support payments on his present income. For example, in Conte v. Conte, 176 A.D.2d 247 (1991), a father was able to suspend child support because he had a stroke and could not work.

Furthermore, the courts may not vacate arrears. Domestic Relations Law � 236 [B] [9] [b]; � 244; Family Ct Act � 451, 460 [1]).

Mike.