BMW Posted September 9, 2010 Share Posted September 9, 2010 If child support is for children who are living with you for the school year and have visits during that school year with the parent and during the summer... does the child support amount drop when the kids visit their other parent? Do you not get child support over the summer? Quote Link to comment Share on other sites More sharing options...
ChristyH463 Posted September 9, 2010 Share Posted September 9, 2010 No, child support doesn't change over the summer. The non-custodial parent continues to pay the custodial parent the same amount, no matter how much time the children spend there over the summer. Quote Link to comment Share on other sites More sharing options...
BMW Posted September 9, 2010 Author Share Posted September 9, 2010 Is there a law to back me up? I know that ex will try to talk me out of getting child support... he already wants to not pay as much when they go to spend a week during breaks during the school year... Quote Link to comment Share on other sites More sharing options...
Dawn in OH Posted September 9, 2010 Share Posted September 9, 2010 If child support is for children who are living with you for the school year and have visits during that school year with the parent and during the summer... does the child support amount drop when the kids visit their other parent? Do you not get child support over the summer? Usually, when a court order is drafted for child support, if the non-custodial parent actually participates in their visitation on a regular basis, the court will consider that when setting the support amount and make the appropriate deductions, so that it is divided evenly and support payments remain the same throughout the year. At least, that's what they were doing with our case. Quote Link to comment Share on other sites More sharing options...
Cheryl in NM Posted September 9, 2010 Share Posted September 9, 2010 In NM the non custodial parent continues to pay child support during summer visits because the custodial parent still needs to maintain the same size home for when the children return in the fall. That's what the case worker told us. I don't know if it's based on law, but it is the policy of our state. I'd check with your state. Quote Link to comment Share on other sites More sharing options...
Tap Posted September 9, 2010 Share Posted September 9, 2010 The cases I know about: One has the non-custodial parent pay for 9mths of the year. In the summer, when the child is at this parents full time, they do not pay child support. BUT! the non-c parent is expected to pay for all school clothes, yearly physicals, school registration fees, summer sports, etc (all the things that a parent would be paying for in the summer months). Another has the child support payments divided evenly over 12 months. The custodial parent is expected to pay for all expenses over the summer, except basic housing expenses at the non-c's parents house. So, the non-c parent's expenditures never change except for food, electricity ect during those months. A third has 1/2-1/2 custody all year, and neither parent pays child support. All costs are discussed and divided throughout the year. They are amicably divorced. If one parent decides to make a large purchase that the other disagrees with, then they foot the bill solely. A forth has child support payments, insurance policy payments, a split down the middle of all costs like clothing, co pays-out of pocket medical, daycare (the non-c parent gets first chance to care for the child before daycare can be used), sports, tuition etc. It seems like it is different with everyone I know. I would check with your paperwork or attorney. Quote Link to comment Share on other sites More sharing options...
Carrie12345 Posted September 9, 2010 Share Posted September 9, 2010 My order (filed in NJ) is based on 365 days minus EOW visitation and 2 weeks in the summer, then divided by 52. So the payment (when it's paid :glare:) is always the same, but does take into account NCP time. Since NJ doesn't allow for personal payments (all money must be processed through the court), the only way he could withhold any money without the amount going into arrears would be through an amended court order. Quote Link to comment Share on other sites More sharing options...
LauraQ Posted September 9, 2010 Share Posted September 9, 2010 If child support is for children who are living with you for the school year and have visits during that school year with the parent and during the summer... does the child support amount drop when the kids visit their other parent? Do you not get child support over the summer? It never changes while they are visiting the non-custodial parent because the custodial parent is required to continue to maintain a home for that child even during visits--you can't temporarily pay less rent on your home during the summer just because one of your bedrooms is sitting empty and you want to pay 2-bedroom rent instead of 3-bedroom rent then! Also, your insurance premiums keep getting taken out of your paychecks, your electric bills keep on rolling in, and you will still be stocking up on school supplies & curriculum for the next year even while the child is away. Your expenses related to having custody of your child don't go away while the child is away, and neither should your child support payments. Fortunately, the law agrees! Quote Link to comment Share on other sites More sharing options...
duckens Posted September 9, 2010 Share Posted September 9, 2010 Is there a law to back me up? I know that ex will try to talk me out of getting child support... he already wants to not pay as much when they go to spend a week during breaks during the school year... __________________ Do NOT let him talk to you about it. Take the "bean dip" philosophy or tell him to "talk to the hand." You are not the person to talk to; his lawyer is. Tell him, "You must have me mistaken for your lawyer," with wide eyes and innocence! This is decided by the lawyers and the judge. Sometimes, what is considered a fair amount is set by state law; not by the lawyers or the judge. If he has extenuating circumstances, then his lawyer should have argued that to the judge. This is not about you being fair or a nice person. The court has decided what the definition of you being a nice person is: accepting and enforcing the court-ordered amount of child support. Are you going to be fair/nice to your ex or nice/fair to your kids who depend upon you? What this IS about is the fact that your children deserve to be supported by both parents. The court has determined what a fair amount is. Your job is to be a good mother and advocate for your children. Again, if he has a problem with the payment amount, then he needs to talk to the judge. You're too busy being a good mom to your kids and advocating for them. If you think you will have a problem with him, talk to your lawyer now about drafting papers for garnishing his wages. Loverboy's sister went through this with her ex, and she had them drafted at the time that child support was set by the court. She kept them on her refrigerator until she needed them. (The ex lied that he had lost his six-figure job and couldn't send the child support; not true at all: he had received a promotion!) Quote Link to comment Share on other sites More sharing options...
NanceXToo Posted September 9, 2010 Share Posted September 9, 2010 My oldest daughter spends a huge chunk of the summer with her father, but he continues paying the same child support payments. He once asked me if I still wanted/expected him to pay child support for the months when she was there. I said 'Of course!' and to my surprise, he just said "okay." Which led me to believe that he knew darn well the law would have been on my side, but he just wanted to test the waters to see if i'd let him slide. Like another poster said, all of my expenses are the same over the summer. They don't stop just because she's visiting her dad for a while. I still maintain a home for her to come back to, buy her things she's going to need for the following school year and so on and so forth. Quote Link to comment Share on other sites More sharing options...
ChristyH463 Posted September 9, 2010 Share Posted September 9, 2010 It never changes while they are visiting the non-custodial parent because the custodial parent is required to continue to maintain a home for that child even during visits--you can't temporarily pay less rent on your home during the summer just because one of your bedrooms is sitting empty and you want to pay 2-bedroom rent instead of 3-bedroom rent then! Also, your insurance premiums keep getting taken out of your paychecks, your electric bills keep on rolling in, and you will still be stocking up on school supplies & curriculum for the next year even while the child is away. Your expenses related to having custody of your child don't go away while the child is away, and neither should your child support payments. Fortunately, the law agrees! So, just to play devil's advocate... Does the non-custodial parent not also have to maintain an extra room, electric bills, etc., while the child is not there? Or is said child just to sleep on the couch when she/he comes to visit? Quote Link to comment Share on other sites More sharing options...
kaylk in tx Posted September 9, 2010 Share Posted September 9, 2010 if it doesn't say he gets to stop payments during the summer, then he can't. end of story. if he wants to change that, he'll need to talk to the judge. Quote Link to comment Share on other sites More sharing options...
gemrae Posted September 9, 2010 Share Posted September 9, 2010 My order (in Michigan) states child support is reduced by 50% when a visit exceeds 6 nights. That happens 4 times in the year. Most months he would have her for 3 nights so no reduction. He has to submit a written request stating he had her for 6 nights or more and they issue a credit. Child care was not reduced during this time as the child care credit I was receiving was based on a 52 week average. Quote Link to comment Share on other sites More sharing options...
BMW Posted September 9, 2010 Author Share Posted September 9, 2010 I want to have a good attitude about it... What bugs me is that ex and his partner make more than twice what our income is... and 3 of my teens went to live with them this year, so my child support has been cut in half. I now work outside the home to make up for that. That doesn't bother me (working) because I have never intended for child support to be "my" income, it is for child expenses... and we have had lots of child expenses (asthma medications, accidents, dental work, clothes and shoes, etc.). But, my monthly income was drastically reduced, what I make at work does not make up the entire difference at all... maybe half that amount that I lost. So, to turn around and take more of a hit to child support is rubbing me the wrong way... it just doesn't seem right because I hear about all the bells and whistles at ex's home. (For ex: ex's partner just had a birthday, ex bought her a new laptop and she bought herself a new laptop, too... so she gave one of the new laptops to my 16yog...) And at our home, we just pay the bills and eat and TRY to save money for a new mini-van (mine is going to have to be replaced this next year)... I wish there was a way to negotiate without court. Our orders are ones from mediation, which we handled ourselves and the judge just signed off on. It is not at all specific about child support. The only way to address that is to go to court... If I had some solid rule to stand on, I would just hold my ground. As it is, I think we'll have to look at percentages of when they do go to ex's and take the difference out of my child support. Unless someone looking on thinks that I'm being raked over the coals and has a different brilliant suggestion.... It seems to me that when one household has a significantly higher income and lifestyle, these things would matter and come into play... Quote Link to comment Share on other sites More sharing options...
Carrie12345 Posted September 9, 2010 Share Posted September 9, 2010 If I had some solid rule to stand on, I would just hold my ground. As it is, I think we'll have to look at percentages of when they do go to ex's and take the difference out of my child support. Unless someone looking on thinks that I'm being raked over the coals and has a different brilliant suggestion.... It seems to me that when one household has a significantly higher income and lifestyle, these things would matter and come into play... :grouphug: I know it stinks. My mom "only" had 3 of us to provide for, and it was impossible not to be resentful when my father had a 2-income household, and took the opportunity to cut me off when I took a semester off of school. Otoh, my household income is much higher than ds's father's, even when his is 2-income and mine is 1. That still doesn't change his obligation to ds. We can (and often do :glare:) get buy without a penny from him, but my husband has zero rights or *obligation* to ds, so the court can't take him OR ex's wife into account. I'd definitely recommend you get a solid child support order through the court so something like this can't come up again in the future. Quote Link to comment Share on other sites More sharing options...
Ravin Posted September 9, 2010 Share Posted September 9, 2010 So, just to play devil's advocate... Does the non-custodial parent not also have to maintain an extra room, electric bills, etc., while the child is not there? Or is said child just to sleep on the couch when she/he comes to visit? Our electric and water usage go up a bit while DSS's are here for their month in the summer. We (unfortunately) don't have a room for them, so when they visit they mostly sleep on the couches or, if they want, they fold out the sleeper sofa (usually they don't bother). They did use DD's room for 3 weeks of their month this summer, while she was in Texas at my mother's. We're hoping to change it this next year and find a 4 bedroom. DW#2's child support to their father remains the same all the time, regardless of how much time they spend here, and her ex's income is higher than hers. Quote Link to comment Share on other sites More sharing options...
ChristyH463 Posted September 10, 2010 Share Posted September 10, 2010 Our electric and water usage go up a bit while DSS's are here for their month in the summer. We (unfortunately) don't have a room for them, so when they visit they mostly sleep on the couches or, if they want, they fold out the sleeper sofa (usually they don't bother). They did use DD's room for 3 weeks of their month this summer, while she was in Texas at my mother's. We're hoping to change it this next year and find a 4 bedroom. DW#2's child support to their father remains the same all the time, regardless of how much time they spend here, and her ex's income is higher than hers. You sort of made my point. And I'll admit that I'm not unbiased, as my DH pays child support. I don't in any way begrudge him supporting his children. Let me say that from the get-go. But the point that I'm trying to make is that just like DH's ex, we also have all the expenses associated with providing a room for DSD, extra electricity (but our electricity goes up regardless during the summer, because we live in TX), extra food while she stays during the summer, transportation costs for getting her back and forth to extracurriculars, etc. And yet, DH still has to pay the full amount of CS. It doesn't change during the summer. I absolutely believe both parents have an obligation to support their children. I believe that the CS system as it is set up now sometimes puts an unfair burden on the non-custodial parent. That being said, I can understand, OP, why you are upset, given that they are making more and buying lots of extras, while you are struggling to just pay bills. We are in kind of the opposite situation. DH's ex just bought a brand-new, 2011 car for $450 a month, while we struggle just to make ends meet and pay CS. I can't imagine spending $450 a month on anything aside from rent (and, of course, CS)! It seems like the whole system is set up to be unfair, one way or the other, KWIM? I really hope I don't get fried for saying that, cause I know child support can be a really touchy subject. But I'm pretty new here, so go easy on me. :D Quote Link to comment Share on other sites More sharing options...
Jilly Posted September 10, 2010 Share Posted September 10, 2010 I just had my child support changed because I was having trouble making ends meet, and I knew my ex was making more than when we originally divorced. We went the meditation route the first time, and I always felt the support payment was too low. I never wanted to rock the boat, so I did nothing about it for years. Finally this summer I realized that the kids deserved more support, and I contacted the state. They collected all our information, which included how much time spent with each parent, and issued a new support order. It was the best thing I ever did. Quote Link to comment Share on other sites More sharing options...
Mandy in TN Posted September 10, 2010 Share Posted September 10, 2010 So, just to play devil's advocate... Does the non-custodial parent not also have to maintain an extra room, electric bills, etc., while the child is not there? Or is said child just to sleep on the couch when she/he comes to visit? No, they do not. Yes, my children have slept on sofas, blow-up mattresses, and in sleeping bags. Quote Link to comment Share on other sites More sharing options...
Mandy in TN Posted September 10, 2010 Share Posted September 10, 2010 If I had some solid rule to stand on, I would just hold my ground. As it is, I think we'll have to look at percentages of when they do go to ex's and take the difference out of my child support. Unless someone looking on thinks that I'm being raked over the coals and has a different brilliant suggestion.... It seems to me that when one household has a significantly higher income and lifestyle, these things would matter and come into play... In TN child support is based on income. Here, if his income increases, his child support should also increase. Check the laws of your state. If it looks like he should be paying more, tell him so. If he balks and its worth it to you, take him to court. OTOH- you may check and find out that he is actually paying more than he would be required to pay, so definitely check first. HTH- Mandy Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.