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KWOK v. ZHANG

Appellate Division of the Supreme Court of New York, Second Department.
Dec 5, 2006
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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.