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Can Child Support (Whether Prospectively or Retrospectively) Be Waived by the Child Support Payee?

The easiest of these two questions to answer is the second one, i.e., “Can child support be waiver retrospectively by the child support payee? The answer is yes, if the parties comply with

Utah Code § 78B-12-109. Waiver and estoppel

(1) Waiver and estoppel shall apply only to the custodial parent when there is no order already established by a tribunal if the custodial parent freely and voluntarily waives support specifically and in writing.

(2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.

(3) A noncustodial parent, or alleged biological father in a paternity action, may not rely on statements made by the custodial parent of the child concerning child support unless the statements are reduced to writing and signed by both parties.

See Cahoon v. Evans (2011, 257 P.3d 454, 682 Utah Adv. Rep. 58, 2011 UT App 148) at headnotes 3 and 4 and West’s Child Support Key Number 452:

[3] Statute, providing that waiver and estoppel shall apply only to the custodial parent when there is no child support order already established by a tribunal, expressly limits application of waiver and estoppel to those situations where there is no prior child support order.

[4] Mother was not precluded by waiver or estoppel from seeking reimbursement for unpaid child support, given that child support order had previously been entered and statute expressly limited application of waiver and estoppel to those situations where there was no prior child support order.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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