Waving the arrears and current support

The only person who can waive back child support owed (arrears) is the recipient to the money, which apparently is her. If she had been on state aid at  any time, part of those arrears may be owed to the state, and that she cannot waive, only the state through the child support enforcement attorneys or corporation counsel for the county where the case is pending. Child support can be held open, but it cannot be waived or terminated as it a right that belongs to the child. Further, any such agreements to "hold open" child support, is subject to the approval of the court, and since the court must make a specific finding as to why the percentage guidelines are not being applied, absent a rationale explanation from both of you as to why, the court may refuse to approve the order. Further, even if the court were to do so, she could easily come in and after the fact and say there is now a need for continued support and ask the court to set a child support order on you anyhow, depending on if there is a substantial change in circumstances at that point. So be careful; you may be consenting to allow her to change the last name of the child, thinking you are out of the arrrears and child support, only to find out that such an agreement may be unenforceable by the court or that she comes back into court down the road anyhow and requests support from you.