Can Your Ex Waive $50K in Child Support Arrearages?
So your ex says she’s willing to waive $50,000 in child support arrearages. Can she do that, and how would you go about it? Hi, I’m Tulsa child support attorney Clint Hastings. I practice here in Tulsa, Oklahoma, where I focus on fathers’ rights, and this is my 25th year in practice.
Waiving Arrearages by Agreement
The answer is yes, arrearages can be waived by agreement. It’s not that difficult, but it has to be done properly. Oklahoma law—specifically 43 O.S. § 112—allows for this if both parties agree, they do so knowingly, and the court approves it with an order.
The best way to handle this is to file a joint motion. If we file a motion claiming there’s an agreement and then get to court only for her to change her mind and say she never agreed, you’ve wasted time and money. So we file it jointly to make it clear from the start that she’s on board.
Preparing an Agreed Order
Along with the motion, we prepare an agreed order waiving the arrearage and, if she agrees, the interest that has accrued. Neither party is required to have an attorney, but some judges will want a hearing where the person waiving support testifies under oath. The judge wants to ensure it’s voluntary, not coerced, and not against the best interests of the children. That finding is easier for a judge when the children are already grown, but it can be done before then.
Act Fast if She Agrees
One last piece of advice: if she’s willing to waive the arrearage, act fast. Get an attorney, file the motion, and get the agreed order signed right away—because she may change her mind.
Give us a call if you have questions about this or any other family law issue.
Call for a Low-Cost Consultation
If you have questions about waiving child support arrearages or any other family law matter, give Tulsa Dads.Law attorney Clint Hastings a call at 918-962-0900 for a low-cost consultation. Let us help you navigate the legal process with confidence.
