Q: I am in New Jersey and recently have had my child support obligation terminated since the minor child is now w me.
I do owe arrears and I am wondering if I am able to request child support be paid? Even though I still have arrearages??
A: Depends. Child support is the right of the child and not of either parent. Arrearages tend to continue accruing until their paid in full. But what happened to the payee? When and why did you get custody? (assuming you did get custody) Can the payee afford to suddenly start paying you child support? Was any of this in the Order? Were you paying through probation? What amount do you owe? Are you and the former payee now consenting to reduce or forgive your arrears? Are any offsets possible? The court has lots of discretion to do things but only when justified. There are too many unanswered questions here, you'll need to contact an attorney.
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