Bronx, NY asked in Child Support for New York

Q: I have documentation stating that i have not been able to work for over a year. Need assistance with my child support.

I would like the courts to deduct from my arrears the time i have not been able to work. Is this possible? Enforcement has been stopped at this time but nothing has been done about the arrears.

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1 Lawyer Answer

A: You can only adjust arrears from the date of filing your petition for modification of child support. Arrears which accrued before that date will not be modified. Also, even if you are on state or federal disability, you will still need to bring in certified medical records AND the support magistrate may decide that you are capable of some kind of work - it's very fact specific.

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