LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

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Question #25

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 non-custodial parent for more than a couple of weeks, the child- support is either reduced or eliminated for that period. Still, it all depends on what you had previously agreed to if anything. Also, review carefully the Judgment of Divorce, which may spell out the terms of child support when the non-custodial parent has a child for an extended period.
Leonard M. Weiner, Esq./Divorce Solutions

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