If i have child support arrears, can i get a downward modification?

Asked 9 months ago - Mineola, NY

my ex-husband is $66,000 in arrears with child support and now after 8 years is filing for a modification. does he have to pay off the arrears before he is awarded a downward modification?

Attorney answers (4)

  1. Erach Farrokh Screwvala

    Contributor Level 13

    2

    Lawyers agree

    Answered . The arrears will not prevent a downward modification. Have you sought enforcement of the arrears? If not, you should consult with an attorney to file a cross-petition for payment of the arrears.

  2. Philip Adam Kusnetz

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There are many factors that the court would consider before granting your former husband a downward modification, but "paying off" the arrears is not one of them. In fact, paying the arrears would seem to confirm his financial means and lessen the chances of his receiving a downward modification. You have various enforcement remedies of your own, such as filing a petition seeking to collect the arrears. I recommend that you retain an attorney.

  3. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No. But he will not obtain forgiveness for his arrears.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  4. Matthew William Hoffmann

    Contributor Level 14

    2

    Lawyers agree

    Answered . Consult with an attorney in your jurisdiction specializing in family law. He will have to show a number of facts to obtain the downward modification.

    This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an... more

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