CHILD CUSTODY & CHILD SUPPORT
My son stays with me for six months a year and he spends the other six months with his mother. Am I required to make child support payments to the mother during the months that my son lives with me.
If you entered into a written Separation Agreement, this issue should have been addressed at that time, and I suggest you review the Separation Agreement to see if it contains any advice regarding this issue. Generally, the parties provide that in the event the child remains with the noncustodial parent for more than a couple of weeks that the child support is either reduced or eliminated for that period, but it all depends on what you had previously agreed to, if anything. Also, review carefully the Judgment of Divorce, which may in fact spell out the terms of child support when the noncustodial parent has a child for an extended period of time.
Leonard M. Weiner, Esq./Divorce Solutions