Abatement of Child Support

[KAM]

If a Father has not filed for a modification of child support, has not filed for a substantial change in circumstance, has not complied with the mandatory disclosure ordered by two separate judges and his driver's license has been suspended for close to a year now; is there any possibility that a judge would grant a motion to abate child support and reinstate the driver's license? This individual is $18k behind in support & arrears. Very long case, it's about 390 docket entries long. We have been to court four times this year alone, he has paid an attorney $6k instead of paying $4,800 in child support as ordered in 2003 & 2008, was found in contempt and the judge issued an order of committment (of course he paid the purge). He has claimed unemployment or self employment the entire lives of the kids. Any ideas on abatement? I can only find cases involving abatement at all 5 of the DCA websites when parents are in jail or kid's turn 18. Thank you!

[Attorney Cheri Hobbs]

With the background you have on this case, it would not be likely that he can obtain an abatement of child support. It would be wise to have a concise time line for the court hearing (if there is one approaching) that demonstrates to the court how he has failed to pay. If he is not current now then you can do another Motion for Contempt (at least he might pay again to purge).

Attorney Cheri Hobbs

[KAM]

Thank you for replying. It seems crazy that I won at the 4th DCA pro se to reverse and remand an order that was totally rubber stamped (2 years ago). Even though I filed exceptions and a motion to vacate the order that they just rubber stamped again. I just got in the mail today; an Affidavit to Reinstate Driving Privilege and Registration of Motor Vehicle. The worst part about it; in my exceptions, I actually quoted my own case in the Appellate Court because we were at a contempt hearing and they never ruled on it. I think I need to go to law school..... Thanks again.

[Attorney Howard Iken]

That would be a LOT of suffering just to learn more about child support collection.