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Old 08-14-2017, 08:11 AM
OrleansLawyer OrleansLawyer is offline
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arrears counted explicitly by the existing court order for CS absolutely must get paid. But to go back and try to retroactively adjust that CS based on previously unreported income changes, would that count as arrears, or retroactive adjustment?
Arrears are support that is owing under an existing contract/order which therefore needs to be enforced. The recipient does not need to do anything other than show that there is an existing entitlement. The onus is on the payor to show that it has not been met, or perhaps to claim a retroactive reduction.

Retroactive support is a claim for an increase in support prior to the date of claim, which includes adjusting back support based on a change in income. The onus is on the payor to show why a retroactive adjustment is appropriate.

What can make this difficult to differentiate is that a successful claim for retroactive support results in arrears becoming owing (since it should have been paid but was not).
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