Can Child Support Arrears Be Dropped If Ex-Wife Agrees To It?

Omaha Nebraska Divorce LawyerQuestion:

I owe child support arrears, but my ex-wife is willing to drop all the arrears I owe.

Is that possible for an ex-wife to forgive child support arrearage payments, and if so, what is the process?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa child support laws where I am licensed to practice.

Many states allow the parties to receipt or “forgive” past due child support, including accrued arrears or interest. This can either be done with a formal receipt provided by an attorney for filing, or in the alternative, a request for hearing and a judge’s order allowing the arrears and accrued interest to be “forgiven” or zeroed out.

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Child Support Arrears

These options, at least in my jurisdictions, come with a caveat though. Your ex-wife cannot forgive money that is not owed to her. By this I mean, should your ex-wife have received state services (Medicaid, food stamps, etc.) a state agency likely has a claim to the receipt of the child support.

These state agencies who have given support for the benefit of children typically offset based on child support and are awaiting the receipt of these funds. Therefore, they would need to receipt or “forgive” the portion that is owed to them.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

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3 comments on “Can Child Support Arrears Be Dropped If Ex-Wife Agrees To It?

    Dropping Child Support
    I have a similar situation, however is was not with a ex wife but a bumped out girl freind, After 15 years she ask for support which got ordered for some 42,000 plus interest.

    Now she can drop it less the money owed to the state which is 10,700, The rest including interest which is some 60,000 can be dropped. I hope she see the light to drop it as the only other option is to go to jail for being tricked into a child.

    And for all you men haters, I’ve got a great relationship with my daughter. I just was not going to give the mother money to stick another needle in her arm.

    It sucks that a 3 month relationship turns into a nasty fight over a child. This mother has shown nothing but drugs and more drugs to this child and thank god shes has stayed straight and off the crap.

    I am wondering if I am able to drop only a certain % of arears. I am owed $62,000.00. Father and I have agreed that if I drop 45K he will increase monthly child support $175.00 per month. I am willing to compromise and drop some of what’s owed but I’m not willing to set him free 100% of the debt. Is this possible to make an agreement like this?

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