Can I Dismiss Child Support Arrearages?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Over 15 years ago – I placed a child support order in New York City Family court against my husband. recently we have settled the matter privately and I would like to take to dismiss the case and any arrears that he has. Can I do this by simply going to the court and asking them to close the case against him that we would prefer to handle the matter privately without court or goverment intrusion.”

Question: If you never accepted assistance from the state, such as AFDC or welfare, and if the DA never actually went after him and incurred expenses – or, put another way, if at no time did the State incur expenses on behalf of the the support of your children or you, then you should be able to have the arrearages against him dismisssed. However, if you ever received aid from the State, they will probably insist on those arrearages being paid at least in an amount to compensate what the State has provided.