Is it possible for my child's mother to waive the arrears on my child support?

Question

Is it possible for my child's mother to waive the arrears on my child support?

Anonymous Jul 8, 2011 4 views 1 answers

I have recently entered the Clean Slate Program in Illinois that allows non custodial parents with child support arrears a second chance. Under the program, I must maintain my child support payments for six months after which time the State will waive the money that is owed to them. However, I have been told that the arrears owed to my child's mother can only be waived by her. Please can you tell me if this is correct and if so, how do we go about getting this done. I was unemployed for the periods when I ran up the arrears and it was failure on my part to request a modification to the administrative order that resulted in the arrears. My child's mother understands this and is in agreement that she will waive my past arrears on the condition that now I am in work I will make my payments.

Mary Arthur 1947784.Html · Accepted Answer · 2026-06-15T10:34:48+00:00

You MUST file a Motion and have an Order entered by the court, otherwise she has the ability to come back decades from now and seek payment (including 9% interest) on all past- due child support arrears. Her verbal waiver (or even a written waiver not stamped by a judge) is non-binding because, in theory, the right to child support belongs to your children, not to her. Even if you file in court, the judge still has the ability to refuse to enter the order if s/he does not believe it is in the best interest of the child(ren).

Is it possible for my child's mother to waive the arrears on my child support?

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