Q: Can the custodial parent opt out of receiving child support if both parents agree?
My s.o’s ex wife has stated she doesn’t want child support, is there a way she can opt out of receiving it and him paying it?
A: Yes, generally in Nebraska the parties can agree to waive child support. That being said, an exception may occur if the child is receiving public assistance from the state to help support the child. Depending on what type of public assistance the child is receiving, the parent may not be able to waive child support. In some situations, such as when the parent receives a welfare payment for the child (ADC), then the child support may actually assign back (be owed to) the state due to the cash payments the parent is receiving to help raise the child. If there is public assistance involved (and thus the State likely brought the action for child support), the parents should be able to contact the local child support office to see if waiving child support is an option.
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