Q: for a modification. Does the judge we out the arrears she has accumulated because she was unable to work or does she still have to pay the arrears
A: David's Answer: Arrears generally cannot be cancelled. That said, if she is incapacitated, the Court may find there to be a "grievous injustice" if arrears are not modified. You have a right to file an enforcement action - to which she'd likely counter with a modification petition. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including divorce, separation, custody/visitation, child support and paternity matters. He’s ranked in the top 5% of NYC Metro Family Law Attorneys, and has been published in numerous periodicals. He is the author of 6 Family Law books. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website is: www.blivenlaw.net.
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