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
Arrears stay and may be reduced to a judgment. Any modification granted will be effective as of the date the application was made, not before.
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Marriage / Prenuptials Lawyer
Arrears continue to accrue until she files for a modification.
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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.
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