After I was granted custody of our children, I had difficulty having the support order modified in a timely manner. I filed petitions for support modifications twice, and though I notified the court of my difficulties, when I was unable to make it to court, my petitions were dismissed without prejudice. The order has since been changed, but I still have a large support balance in arrears. Is it possible for me to sue in any other court to have that balance adjusted, since the facts are quite clear that the support should have been adjusted when I first petitioned the court to do so?
Unfortunately, support arrears cannot be vacated without the consent of the person to whom you owe the money. This would be the same in any court. When your prior modification petitions were dismissed, you should have moved to vacate your default in appearing (as opposed to filing a new petition) and, if granted, that would have preserved the original modification petition filing date for retroactive modification of arrears. From what you say, it doesn't appear that you can modify arrears now, but I would still recommend speaking with a local attorney to review all your paperwork to see if anything can be done.
That's not how the system works. Once an order of support is entered, it is quite a feat to reverse it even if you have custody of your child. In some circles, people are not calling it "child" support but rather "mommy" support.
If you are doing this yourself, that is also a reason why you are failing. You may not know the intricacies of filing a petition, serving it and following it up with a motion for summary judgment. So you are saving pennies to lose dollars. As for arrears, given your facts, I do not believe there is any way to vacate those arrears without the mommy agreeing in court before the support magistrate.
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