Sec. 07.07.22.04. Rescinding an Affidavit of Support

A. A party may rescind the affidavit of support within 60 days after execution.

B. To be effective, the request for rescission shall be:

(1) In writing, on a standardized form developed by the Administration;

(2) Signed and dated before a notary public; and

(3) Received by the Administration within 60 days from the date of execution.

C. When an affidavit of support is properly rescinded:

(1) The obligation for ongoing support terminates;

(2) Any arrears accrued after the affidavit of support was executed remain owed to the obligee until paid; and

(3) Any support amount paid and disbursed to the custodial parent after the affidavit of support was executed, is owed to the custodial parent and is not subject to a refund to the noncustodial parent.