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Matter Of Kirchner v. J.L., Orange

Credit against retroactive child support arrears, for past payments made by father, is allowed.

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Judge Kiedaisch

MATTER OF KIRCHNER v. J.L. — Petitioner, Commissioner of Social Services1, objects to the decision and order of the Hearing Examiner, dated January 15, 2003 with respect to the computation of retroactive arrears. Respondent father under the prior support order which was in effect at the time this upward modification petition was filed was ordered to pay $28 per month child support for the parties’ child. The Hearing Examiner determined, based on the father’s current income, that under the formula guidelines of the Child Support Standards Act (CSSA), the correct amount of child support was $71 per week. In ordering support of $71 per week the Hearing Examiner fixed the retroactive arrears of the father in the amount of $899. The petitioner alleges that the Hearing Examiner allowed the father a credit of $450 against retroactive arrears for monies the father had directly given to the mother for support during the relevant period. Although the order does not specifically set forth the break down of retroactive arrears, and any credits, it appears the amount of $899 does reflect a credit to the father which reduced retroactive arrears.

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