Question:

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. 

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.