“Can I get relief from arrears if the children are in my custody?”


Unless the person receiving the child support (the payee) consents to waive the arrears, it will be very difficult for you to obtain relief.  If the party receiving the child support is interested in providing you with relief, he or she would need to go to the Erie County Family Court in Buffalo NY and obtain an order vacating the arrears and any judgments in place.


In order to properly vacate the judgement, the payee would first need to file a Petition to Vacate Arrears. The court would then be required to ask the payee a series of questions, while under oath, to make sure he or she understands the process and the consequences. The court will explain to the payee that he or she is entitled to the money regardless of what the opposing party (the payor) has stated. Finally, the payee will be reminded that once arrears are waived, the arrears cannot be reinstated.

For more questions, contact a Family Lawyer Buffalo NY today.

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