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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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 Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County.
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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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