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Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn
Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.
This Article explores the problems created by nonconforming …