What is a Waiver of Notice on Termination of Child Support?

Definition and Meaning

A waiver of notice on termination of child support is a legal document in which the person receiving child support, known as the obligee, agrees to waive their right to receive formal notification regarding the termination of child support payments. This waiver allows the process to move forward more efficiently, often bypassing the need for a court hearing if both parties agree that support should cease. By signing this document, the obligee consents to the termination of payments, enabling the court to issue an order without requiring further input from them.

Key Elements of the Waiver

Understanding the key elements of a waiver of notice on termination of child support is essential for both parties involved. The main components include:

• Consent: The obligee must agree that child support should end, often due to circumstances such as the child reaching adulthood, getting married, or passing away.
• Expedited Process: The waiver eliminates the need for formal service of process, which is the official delivery of court documents, and can often skip a court hearing.
• Waiving Rights: By signing, the obligee gives up their right to receive official notifications and attend hearings regarding the termination.
• Not for Arrears: The waiver does not forgive any past-due support or interest on arrears, which must be addressed separately.
• Filed with Court: The completed waiver must be filed with the court clerk alongside the application to terminate support.

How to Use the Waiver of Notice

Using a waiver of notice on termination of child support involves several steps that both parties should follow to ensure compliance with legal requirements:

• Review Agreement: Both parents should agree on the reasons for terminating support and discuss the implications of the waiver.
• Complete the Waiver: The obligee must fill out the waiver form accurately, ensuring all required information is provided.
• Sign the Document: The obligee must sign the waiver in the presence of a notary public, if required by state law.
• File with Court: Submit the signed waiver to the court along with the application to terminate child support.

Who Typically Uses the Waiver

The waiver of notice on termination of child support is typically used by parents who are in agreement about ending support payments. Common scenarios include:

• When the child reaches the age of majority, which is generally 18 or 19, depending on the state.
• In cases where the child becomes financially independent, such as through employment or marriage.
• When the child passes away, and both parents agree on the cessation of support.

Legal Use of the Waiver

The legal use of a waiver of notice on termination of child support varies by state, but generally includes the following considerations:

• State Laws: Each state has its own regulations regarding child support and the use of waivers; it is important to consult local laws.
• Enforceability: The waiver must be executed properly to be enforceable in court, which includes proper signatures and filing.
• Legal Advice: It may be beneficial for both parties to seek legal counsel to understand their rights and obligations before signing.

Examples of Using the Waiver

Practical examples can help illustrate how a waiver of notice on termination of child support is utilized:

• Example One: A father has been paying child support for his daughter, who is about to turn 19. Both parents agree that support should end, and the mother signs the waiver to expedite the process.
• Example Two: A mother is receiving child support for her son, who has recently married. The parents agree that the support should stop, and the mother signs the waiver to avoid a lengthy court process.

Steps to Complete the Waiver

Completing a waiver of notice on termination of child support involves specific steps to ensure accuracy and compliance:

• Gather Information: Collect all necessary information, including details about the child, current support payments, and reasons for termination.
• Fill Out the Form: Carefully complete the waiver form, making sure to include all required fields and information.
• Review for Accuracy: Both parties should review the completed form to ensure all information is correct and agreed upon.
• Sign and Notarize: Have the obligee sign the waiver, and if required, notarize the document.
• Submit to Court: File the waiver with the court alongside the application to terminate child support.

Important Terms Related to the Waiver

Familiarity with certain terms can enhance understanding of the waiver of notice on termination of child support:

• Obligee: The person receiving child support payments.
• Obligor: The person responsible for making child support payments.
• Termination: The legal ending of child support obligations.
• Arrears: Unpaid child support that has accumulated over time.