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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
