Q: the arrears. Now since Oct she had a stroke and now only pays half as she is on medical leave. My question is if I take her to court for the new arrears but not the previous arrears she still owes does the judge wipe out the new arrears because she was unable to work because f her stroke or does the among continue to go up and but she des not have to lay it now, or does the nudge wipe out the judge wipe out the full amount of the new arrears. The previous arrears stays the same but what about the new arrears.
A: David's Answer: Arrears cannot be cancelled. If your ex does not file a downward modification petition, then arrears are enforceable through the date of your hearing. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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