Can adult children waive child support arrearages?

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Can adult children waive child support arrearages?

I wanted to know if your child is over 21years old and you owe back child support, can the child petition to have the arrears waived? In my case my sons are 20 and 22 years old. Both feel it is unnecessary that their mother is holding on to the past by enforcing the child support order. My 20 year old will be living with me over the summer. The only person insisting on arrears is their mother. If the arrears are for the kids shouldn’t they be able to petition the court to drop the child support? Can you get child support for adult children? 

Asked on April 6, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking child support is usually ordered until a child is 18 or 19 and still in high school or disabled.  It can be voluntarily agreed to though in your divorce agreement.  AS for arrearages, if they are owed to your wife for their back support of the children then I really think that you are stuck.  The kids can not waive it as it was owed to support them and your ex did that without the money you owed her.  It does not mean that you still do not owe it to her.  Maybe she did without other things to have to make up for the money that yo were to pay.  I think that you need to read your agreement and to see where this is going.  If support is to be given at this age then you can ask to modify it if one of the kids is going to live with you.  Good luck.


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