Saturday, March 15, 2014

Can a downward modification petition adjust support that is owed and not paid? Or only when a violation petition is heard?

Q:  Three weeks ago, my son's father filed a downward modification support petition in an adjoining county where I live temporarily. My petition predates it, for a violation since he was not paying at all before I moved. Will he be able to get what he hasn't paid "downward modified" with his petition or will he have to wait until the violation petition is heard to get the "arrears" modified?

A:  David's Answer:  He can potentially get the arrears adjusted going back to the date of his petition. Any prior arrears cannot be reduced or vacated except in egregious circumstances (which is a standard very rarely applied). Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

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