Is there any way to reduce alimony arrearages?

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Is there any way to reduce alimony arrearages?

The court ordered a reduction in my alimony and child support after an initial hearing (plenary hearing to occur in the future) but arrearages built up 6 months before the reduction. Are there any cases in which the court can reduce the arrearages? It does not appear to be the case for child support but is there a case to do so for alimony? If not, is there any other way to reduce the amount?

Asked on November 19, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Asking about specific case law is best done to an attorney in your area who is familiar with this type of law and proceeding.  Generally speaking, when a court issues an order such as this type - or in any type or matter that deals with payments and dates for payments - the order itself should address the issue of when the reduction should have started to take place, or in other words, whether it is retroactive to a date certain. If it is not retroactive then it will hold from the date that the order is issued forward.  If you believe that the court just "forgot" to address it then you can ask to resettle he order to include a date certain and to address the arrearages specifically.  Good luck. 


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