02 Aug Waive Child Support Arrears? The Legality of Parental Waiver of a Child’s Right
Waive Child Support Arrears?
Is it possible to waive child support arrears? We were recently asked whether our firm would be able to facilitate an agreement between an ex-husband and ex-wife in which the ex-wife agreed to relieve the father, who was delinquent in child support payments, from further payments in support of the children in order to help the father who was struggling financially. Unfortunately, the short answer is no. It is well established, under Florida law, that “.. (p)arents may modify a court-ordered arrangement only if the child continues to receive a roughly equivalent amount, and such an arrangement serves the best interests of the child…” (Ervin v. Chason, 750 So.2d 148 (Fla. 1st DCA (2000)). While this type of arrangement may not work for the parents, a possible modification of other debts may be a better fit.