Q: I was the non custodial parent who without fair due process had arrears put on my child support order without knowing there was a court proceeding. I recently had the order terminated because the child in question lives with me.
A: You’d need to file a petition/motion to vacate the original order. If you were not served properly, for instance, then the Court could theoretically re-open the case & vacate the arrears. Otherwise, one would need to assess your basis for vacating the arrears – and why the Magistrate did not do so when s/he terminated the order (generally arrears cannot be vacated once they accrue). Schedule a consult with a Bronx Family Law attorney for a full assessment.