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In the Matter of HANG KWOK, Respondent, v. XIAO YAN ZHANG, Appellant.

Ordered that the order is affirmed, without costs or disbursements.

The mother's voluntary payments for the benefit of the parties' child and not pursuant to a court order may not be credited against the amounts due pursuant to the judgment of divorce ( see Home v Home, 22 NY2d 219, 224; Matter of Finell v Finell, 25 AD3d 703, 704; Matter of Gleason v Gleason, 247 AD2d 384, 385; Mayeri v Mayeri, 220 AD2d 647, 648; Kerpen v Kerpen, 172 AD2d 496).

Moreover, certain agreements purportedly entered into between the parties subsequent to the parties' divorce did not constitute a waiver of arrears which had already accrued ( see Matter of O'Connor v Curcio, 281 AD2d 100).

Accordingly, the Family Court properly granted the father's petition for an award of child support arrears.

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KWOK v. ZHANG
(Dec 5, 2006)