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jdg31971

Junior Member
What is the name of your state (only U.S. law)?

Currently my ex-wife and I are attempting to have a large amount of child support waived. My ex and I are in agreement for the amount that needs to be waived and she actually went to the Pros. Attny to sign off on a waiver. The deputy Pros said they would not accept the waiver and that she would need to address the matter with the court and or file a motion on her own. We went to the court to find out what we would need to file they said that they could not tell us what to file. I have looked on line to find a motion or something to assist us in this. The last time we were in court my ex asked that my DL be reinstated as so I would not loose my job the pros refused and I lost my job three weeks later. Please Help however possible. We live in Indianapolis Indiana and the county is Marion.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)?

Currently my ex-wife and I are attempting to have a large amount of child support waived. My ex and I are in agreement for the amount that needs to be waived and she actually went to the Pros. Attny to sign off on a waiver. The deputy Pros said they would not accept the waiver and that she would need to address the matter with the court and or file a motion on her own. We went to the court to find out what we would need to file they said that they could not tell us what to file. I have looked on line to find a motion or something to assist us in this. The last time we were in court my ex asked that my DL be reinstated as so I would not loose my job the pros refused and I lost my job three weeks later. Please Help however possible. We live in Indianapolis Indiana and the county is Marion.
Has your ex been on any kind of state assistance during the period of time that the arrearage accumulated? If so, she may not be able to waive the child support because some or all of it may be owed to the state as reimbursement for the benefits your children received.

If it is all owed to her, then you are not going to find a form that you can use for that specific purpose. You are going to need to create your own motion to waive arrears. In all reality, it would likely be more cost effective in the long run, to have an attorney handle it for you. If not, then you are going to need to find some examples of motions that have previously been submitted to the court in your case, to use as a template to help you draw up a new motion.
 
Have you called your county or state child support office?

I was able to go straight to my county child support office here in NY to waive my exes arrears. I had to write a statement that I was forgiving XX amount of arrears, and be notarized and submitted to the county child support office. From there, they contacted NYS collection and they lifted the hold they placed on my ex husband's bank account.

Like LdiJ said, if your ex has had any state assistance or is still on it, this most likely won't be a possible route for either of you. The state will want their money back.
 

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