“Will I Owe Arrears On A Judgement?”

Q: “My ex-wife and I had a settlement for child support on our divorce. It was for the then mortgage. She then refinanced the house to a lower payment, which didn’t seem right to me, so I didn’t pay, she then took me for state child support. The state’s mandate was less than the divorce’s mandate, so she took me to court to fight for the divorce mandate. Now several years later she wants a cost of living adjustment. She filed in September of 2020, due to the pandemic, we had our first court date in September of 2021, where they put a temporary increase. Our next 2 court dates were postponed by the court and now we are here in 2022 with another date in August. I have since agreed to the payments and her lawyer told me I would have to pay arrears on the new amount back to 2020 when the motion was first filed. I do not find this fair as it is over $7000. I should not be punished because of the pandemic or the court cancelling dates.

A: “The short answer is yes – by statute, child support is retroactive to the filing of the petition. That said, what also matters is what amount the Court ultimately sets, as well as how much extra you’ve been paying (assuming she’s entitled to an increase). Schedule a consult with a Bronx Family Law attorney for a full assessment.”