Each parent has a duty to support his or her children, and that duty doesn't discriminate between genders. Each installment of court-ordered child support is to be paid according to the date set out in the order. When a person does not comply with the order, the overdue payments are called arrearages or arrears. Judges have become very strict about enforcing child support orders and collecting arrearages. While the person with arrears can ask a judge for a downward modification of future payments, the judge will usually insist that the arrearage be paid in full, either immediately or in installments.
Courts typically refuse to retroactively modify a child support obligation.
In fact, judges in most states are prohibited by law from retroactively modifying a child support obligation. This means if a person becomes unable to pay support, she or he may petition the court for a reduction, but even if the court reduces future payments, it should hold her or him liable for the full amount of support due and owing. For this reason, if a parent with a child support obligation starts falling behind because her or his income has decreased or her or his debts have increased, she he should immediately seek a temporary modification. Bankruptcy does not cancel back child support. Sometimes this means that the D.A. will serve your ex with papers requiring him or her to meet with the D.A. and arrange a payment schedule, and telling him or her that if he or she refuses to meet or pay, he or she could go to jail.