My ex wife stop paying her child support as she had a stroke and is not able to pay. What happens to the arrears if she files

Asked 8 months ago - Staten Island, NY

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

Attorney answers (3)

  1. David Zaslavsky

    Contributor Level 19

    3

    Lawyers agree

    Answered . Arrears continue to accrue until she files for a modification.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  2. Mary Katherine Brown

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts... more
  3. David Ivan Bliven

    Pro

    Contributor Level 20

    Answered . 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.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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