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Child support arrears modified

Rochester, NY |

Both of my sons r 21 yrs old I owe about $2900 for both for back arrears is there any way I can get that modified I live in Rochester ny

Attorney Answers 3

Posted

Once your sons are 21 years old, you can terminate the child support order. However, any established arrears remain on your account until paid in full. The arrears do not disappear or terminate once the children are emancipated. Unfortunately, they must be paid unless the custodial parent waives them.

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10 comments

Asker

Posted

I'm done paying child support I just owe arrears

Maria C. Tebano

Maria C. Tebano

Posted

Unfortunately, you are stuck paying the arrears until paid in full unless the other parent agrees to waive them.

Asker

Posted

What about if she don't show up for court FOR THE CHILD SUPPORT Arrears

Maria C. Tebano

Maria C. Tebano

Posted

Typically, the court would grant the motion based on a default. However, you would have to establish that she was properly served with the petition. Honestly, I am not sure what petition you would file to terminate errors, unless you were claiming a mistake of fact, which does not seem to apply. Why wouldn't she show up?

Asker

Posted

Cause in the past she never has.a year ago she missed 2 court dates.

Maria C. Tebano

Maria C. Tebano

Posted

If you were able to establish service, then they may dismiss if she defaults in her appearance. It is possible that the court could dismiss it on their own motion if you have not filed the proper petition, but that may be unlikely. If she does not default, you will not prevail. If she does show up with an attorney, and the petition gets dismissed on motion, you don't want to be stuck paying her attorney fees for the appearance. Can you call her and ask her to waive the arrears?

Asker

Posted

I don't have her number. So if she don't show up they can dismiss what I owe.

Asker

Posted

I don't have her number. So if she don't show up they can dismiss what I owe.

Asker

Posted

What is the proper paper work that I need to do this. And I really appreciate you helping me out

Maria C. Tebano

Maria C. Tebano

Posted

The problem is that there isn't a petition to do what you are requesting. That is why I believe you might have a problem and the judge could decide not to entertain the petition. The other problem is that if for some reason you do win based on a default, she will be served with a copy of the decision and has one year to vacate the default and get the arrears back on the table.

Posted

The arrears will have to be paid. You may arrange a payment plan.

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Posted

Once arrears are established, ther is no way to undo them unless you were on social services.

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