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My e-wife is trying to reopen our child support case saying that I still owe arrears. Can she reopen the case?

Q: My ex-wife is trying to reopen our child support case. I still only owe her arrears as I no longer owe state, city or federal. Also our children are in the military. Three years ago we went (together) to court and she ( my ex-wife ) wrote a letter stating that I gave her $70k for child support. All I owed her was arrears. The judge stated that the matter was no longer in court and the agreement was between me and my ex wife. I have been paying ever since, however, certain things happened last year where I couldn’t pay. I have since been paying her since March. Can she reopen the case although I have been paying her, even if it has been sporadically?

A: David’s Answer: If the court “fixed arrears” and entered an order to that effect, then you’d still owe the arrears. If there are no orders fixing the arrears & no judgments, then it wouldn’t appear there’s anything to enforce. That said, you would benefit by scheduling a consult with a Bronx Child Support attorney for a full assessment.

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