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PDFWAC 388-14A-3975

What happens at a hearing to terminate or reverse an abatement?

(1) If the requesting party was required to submit supporting documents and did not do so, any other party may file a motion to dismiss. The requesting party may ask for a continuance to provide supporting documents.
(2) If the hearing is dismissed because supporting documents were not submitted, the requesting party may file a petition to vacate the dismissal.
(3) If a hearing is held, the ALJ may reverse the abatement or terminate the abatement on a specific date upon a finding that the NCP has access to or possession of assets or income to provide support while incarcerated.
(4) If the requesting party fails to appear after being sent a notice of hearing, the request must be dismissed.
(5) Depending on the type of evidence provided at the hearing, the ALJ may order that the abatement of the support order be:
(a) Reversed, meaning that the determination that support should be abated is vacated and all amounts owed under the support order are reinstated; or
(b) Terminated, meaning that the abatement of support ends as of the date specified in the order.
[Statutory Authority: RCW 26.09.916, 74.08.090, 74.20A.055. WSR 22-02-063, ยง 388-14A-3975, filed 1/4/22, effective 2/4/22.]
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