Shelton, CT asked in Bankruptcy and Child Support for New York

Q: Hi Im a non-custodial father, my son is 18 years of age I've been out of work for 21 months, can back pay be modified?

Does the amount to be payed fluctuate if my employment status changes? Please help thank you

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1 Lawyer Answer
John Peter Brooke
John Peter Brooke
  • Bankruptcy Lawyer
  • Bay Shore, NY
  • Licensed in New York

A: You can't discharge child support arrears in bankruptcy but can pay them back in a chapter 13. If you are out of work through no fault of your own and have been trying to get a job you may want to file a modification petition in family court. In general, you can't change back payments that are overdue and can only modify payments after the filing of a petition.

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