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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18804
Experience:  B.A.; M.B.A.; J.D.
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Can I get my child support arrearage reduced from a period

Customer Question

Customer: Hi. Can I get my child support arrearage reduced from a period of time when I was unemployed?
JA: Thanks. Can you give me any more details about your issue?
Customer: I was unemployed or underemployed for an extended period of time a few years ago and was not able to pay the full amount of my month child support. I did not think to go to court and ask for a modification at that time. So now my ex-wife went to Child Support Services to file for collection of the full amount during that time. Can I get that amount reduced?
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Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

Regrettably, no you cannot. There is no provision for retroactive modification of the arrearage. If you could not pay your child support because you were unemployed, you should have asked for suspension of your support payments or for reduction until you are employed again.