Q: My husband owes about $4000 in arrears her in NV. His ex wife wants to forgive them. How would he move forward with that

A: How to forgive child support arrears?

The right way: the parties should enter file a stipulation in whatever court the child support was ordered. In Nevada, the stipulation should state that the obligation has been satisfied, and the means by which it has been satisfied. If the obligation is satisfied by incurring an obligation to do something in the future, then it should state what that obligation is. It should then state why this stipulation is in the children's best interest.

The quick (but wrong) way: the parties file a stipulation simply waiving those child support arrears. Although the judge should refuse to sign such a stipulation on behalf of the children for whom the child support is supposed to benefit, most judges are too busy to give it a second thought and will simply adopt the stipulation. As long as no one changes their mind in the future, then it will probably work.

The stipulation should be filed in the court where the child support order was adjudicated, in the same case as the child support order. In all likelihood, in this case the child support order is still in Indiana - the child support order was not transferred, only the enforcement of the order was transferred.

A: If your husband’s ex-wife wants to forgive the $4,000 in child support arrears, they can take steps to formalize this agreement. Here’s how he can move forward:

File a Motion to Waive or Forgive Arrears: Your husband can file a motion with the court in Nevada to request forgiveness of the arrears. The motion should include a statement from his ex-wife agreeing to forgive the debt, as this demonstrates mutual consent. In many cases, the court will review the agreement and, if approved, issue an order waiving the arrears.

Obtain a Written Agreement: To strengthen the motion, his ex-wife should provide a notarized written statement agreeing to forgive the arrears. This can serve as evidence of her consent and help ensure that both parties are aligned on the matter.

Consider Consulting an Attorney: While waiving arrears is often a straightforward process when both parties agree, it can be beneficial to consult a family law attorney. An attorney can ensure that all paperwork is properly completed, filed with the court, and compliant with state laws. They can also help avoid any future disputes regarding the waiver.

Verify State-Specific Requirements: Since the child support case was transferred from Indiana to Nevada, it’s crucial to verify that both states’ requirements for modifying arrears are met. While Nevada has jurisdiction now, understanding any potential differences in laws between Indiana and Nevada could be important.

Guardianship Impact: If your husband is the guardian of his disabled adult daughter, this may strengthen the case for waiving arrears, as child support is often terminated once a parent assumes guardianship responsibilities.

Importance of Legal Assistance

Child support matters involving arrears forgiveness can be complex, especially when cases involve multiple jurisdictions. An attorney can guide you through Nevada’s procedures, handle court documentation, and ensure that the agreement is legally binding, protecting both parties from future disputes.

In summary, your husband should file a motion to forgive arrears with the Nevada court, include a written agreement from his ex-wife, and may benefit from legal counsel to navigate the process efficiently.