Legal Question in Family Law in Washington

Re: Child Support Abatement

Don't do this without an order from DCS or the court. Unless the current Order of Support includes a provision about child support when the children are with your husband you can't just do it yourself. The prospects for getting an abatement are generally not good. Part of the calculation that is done includes fixed costs to the residential parent for maintaining a home for children all year, and those costs do not go away when the children are with your husband for two months.

Re: Child Support Abatement

Short answer, no. The theory behind this is that there is no basis to abate the support transfer payment because most of the expenses continue unabated in the children's absence.

For example, the housing cost doesn't drop. Rent is whatever it is regardless of whether the kids are there or not.

I know this is not what you wanted to hear, but please also consider that the WA support tables provide for some of the least generous transfer payments in the whole country - if we are not dead last, we are close. So, it could be worse.

Hope this helps. Elizabeth Powell