Abatements

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Abatement for Child Support

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Abatements

W. S. §20-2-305 Abatements.  

  (a) Unless otherwise ordered by the court, child support shall abate by one-half (½) of the daily support obligation for each day the non custodial parent has physical custody of the child for whom support is due, provided that the non custodial parent has custody of the child for more than fourteen (14) consecutive days.  Overnight and weekend visits with the custodial parent shall be disregarded in computing abatement.

  (b) The non custodial parent shall file any claim for child support abatement with the clerk of the court within thirty (30) days after the period for which abatement is claimed and shall pay to the clerk the sum of ten dollars ($10.00).  The clerk shall mail a copy of the claim to the custodial parent at the address provided to the clerk by the custodial parent.

  (c) The custodial parent may object to the abatement claim by filing an objection with the clerk of court within thirty (30) days of the date the clerk mailed the notice of claim for abatement and shall pay to the clerk a fee of ten dollars ($10.00).  The clerk shall mail a copy of the objection to the non custodial parent at the address provided to the clerk by that parent.

  (d) Claims or objections not timely filed or not accompanied by the requisite fee are barred.

  (e) The clerk shall notify the court of claims and objections not barred and the court shall promptly resolve the differences, with or without a hearing, and enter an appropriate order (Laws 2000, ch.34 §1.)