Waiver (Legal Principle)

One of the equitable defenses, this occurs when a party voluntarily and intentionally abandons a known right. This usually requires that the waiving party makes some statement in writing to the other party that they are giving up their right.

For example, in Cordova v. Lucero, father was required to pay child support to Mother. She sent him a letter stating she no longer wanted his child support. He quit paying. Three years later, she filed to enforce. Husband was able to successfully argue that she waived her right to child support based on what she wrote in her letter. Relying on the waiver doctrine is extremely risky. The standard to prove waiver is clear and convincing evidence, a very high standard; therefore, most waiver claims fail. The father in Cordova would have been better served if when mother sent that the letter, the parties had put that agreement in writing and submitted it to the Court for approval.