Wendel v. Nelson

Summary

The Appellate Division affirmed an order denying the father’s objections to orders that dismissed his petition for a downward modification of child support, awarded the mother child support arrears, and directed entry of a $60,175 money judgment. The court held that the mother had not waived child support by accepting the child’s Social Security benefits, that accrued arrears could not be modified absent timely application and good cause, and that the father failed to establish a substantial change in circumstances warranting modification.

Holdings

1. The mother did not waive her right to child support because the father failed to prove a voluntary and intentional relinquishment of that right, and acceptance of the child's Social Security benefits did not constitute a waiver.
2. Modification or annulment of accrued child support arrears was prohibited because the father failed to apply for modification until after the arrears accrued and did not show good cause for his delay.
3. The father was not entitled to a downward modification because he failed to establish a substantial change in circumstances.

Questions Presented

1. Whether the mother waived her right to child support by accepting the child's Social Security benefits or by otherwise agreeing to relinquish support.
2. Whether the father could obtain modification or annulment of child support arrears that accrued before he applied for modification.
3. Whether the father established a substantial change in circumstances warranting a downward modification of his child support obligation.
4. Whether the Support Magistrate properly entered a money judgment for child support arrears.

Disposition

affirmed