Alaska Statutes
Alaska Stat. § 25.27.065 (2026)
Waiver of child support
✓ current as of July 2026
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Sec. 25.27.065. Waiver of child support.
(a) A custodian of a child, including a custodial parent, owes a duty to that child to ensure that child support is paid by a noncustodial parent who is obligated to pay it. An agreement to waive past or future child support, made between an obligor and a person who is entitled to receive support on behalf of an obligee, is not enforceable unless
(1) the agreement is put in writing at the time the agreement is made; and
(2) the agreement is signed at the time it is made by both the obligor and the person acting for the obligee.
(b) When the right to receive child support has been assigned to a governmental entity, an agreement under (a) of this section that has not been adopted as an administrative order of the agency is not effective during a period when the obligee is receiving assistance under AS 47.27.
(c) In a separation, dissolution, or divorce proceeding, a court may not accept a waiver of support by a custodial parent without proof that the custodial parent can support the needs of the child adequately.
(a) A custodian of a child, including a custodial parent, owes a duty to that child to ensure that child support is paid by a noncustodial parent who is obligated to pay it. An agreement to waive past or future child support, made between an obligor and a person who is entitled to receive support on behalf of an obligee, is not enforceable unless
(1) the agreement is put in writing at the time the agreement is made; and
(2) the agreement is signed at the time it is made by both the obligor and the person acting for the obligee.
(b) When the right to receive child support has been assigned to a governmental entity, an agreement under (a) of this section that has not been adopted as an administrative order of the agency is not effective during a period when the obligee is receiving assistance under AS 47.27.
(c) In a separation, dissolution, or divorce proceeding, a court may not accept a waiver of support by a custodial parent without proof that the custodial parent can support the needs of the child adequately.
Notes of Decisions
Cited in 4
cases, 1993–2008 · leading case: Wolff v. Cunningham, 187 P.3d 479 (Alaska 2008).
Wolff v. Cunningham, 187 P.3d 479 (Alaska 2008). “[15] At oral argument on appeal Wolff's attorney stated that it would be appropriate for this court to approve the promissory note as an agreement regarding support, presumably per AS 25.27.065 and Nix, 855 P.2d at 1334 . Considering that the child was over eighteen when the…”
Nix v. Nix, 855 P.2d 1332 (Alaska 1993). “Since Malekos , however, AS 25.27.065 2 and Alaska Civil Rule 90.3 have come into being.”
State, Dep't of Revenue, Child Support Enf't Div. v. Green, 983 P.2d 1249 (Alaska 1999). “See also AS 25.27.065(b), which makes ineffective, while the obligee parent is receiving public assistance, an agreement to waive future child support when the right to receive child support "has been assigned to a government entity," unless the agreement has been adopted by an…”
Agen v. State, Dep't of Revenue, Child Support Enf't Div., 945 P.2d 1215 (Alaska 1997). “Prior to the promulgation in 1987 of the child support guidelines rule, Alaska Civil Rule 90.3, parties were free to agree to waive child support as long as they did so in writing, the custodial parent did not retract the agreement, and the State had provided no assistance for…”
— Alaska Stat. § 25.27.065(a) — 1 case
Nix v. Nix, 855 P.2d 1332 (Alaska 1993). “Since Malekos , however, AS 25.27.065 2 and Alaska Civil Rule 90.3 have come into being.”
— Alaska Stat. § 25.27.065(b) — 1 case
State, Dep't of Revenue, Child Support Enf't Div. v. Green, 983 P.2d 1249 (Alaska 1999). “See also AS 25.27.065(b), which makes ineffective, while the obligee parent is receiving public assistance, an agreement to waive future child support when the right to receive child support "has been assigned to a government entity," unless the agreement has been adopted by an…”
— Alaska Stat. § 25.27.065(c) — 1 case
State, Dep't of Revenue, Child Support Enf't Div. v. Green, 983 P.2d 1249 (Alaska 1999). “See also AS 25.27.065(b), which makes ineffective, while the obligee parent is receiving public assistance, an agreement to waive future child support when the right to receive child support "has been assigned to a government entity," unless the agreement has been adopted by an…”
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