(1) Waiver and estoppel shall apply only to the obligee when there is no order already established by a tribunal if the obligee freely and voluntarily waives support specifically and in writing.

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Terms Used In Utah Code 81-6-108

  • Child: means :
         (7)(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
         (7)(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
         (7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 81-6-101
  • Child support: includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 81-6-101
  • Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
  • Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 81-6-101
  • Obligor: means a person owing a duty of support. See Utah Code 81-6-101
  • Support: means past-due, present, and future obligations to provide for the financial support, maintenance, or medical expenses of a child. See Utah Code 81-6-101
  • Third party: means an agency or a person other than a parent or a child who provides care, maintenance, and support to a child. See Utah Code 81-6-101
  • Tribunal: means the district court, the Department of Health and Human Services, Office of Recovery Services, or court or administrative agency of a state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other comparable domestic or foreign jurisdiction. See Utah Code 81-6-101
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) Waiver and estoppel may not be applied against any third party or public entity that may provide support for the child.
(3) An obligor, or alleged biological father in a paternity action, may not rely on statements made by the obligee concerning child support unless the statements are reduced to writing and signed by both parties.