Does the non-custodial parent receive child support when the child is with them for a month or more?

Attorney answers (4)

1. Licensed in GA

   

   Todd Adam Orston

   Atlanta Child Support Lawyer

   Contributor Level 8

   4

   Lawyers agree

   Answered April 18, 2012 06:08. The quick answer to your question is no, your child support obligation will not formally change (i.e. pursuant to a court order) simply because your child is with you for an extended period of time. Although I have seen judges craft orders that allow for a change of the child support payment terms during summers when primary custody of a child was switched, this was a specific term that was included in a court order. I can only assume that the child support order you have does not contain any such terms, and therefore you must comply with the terms of your order.
   
   Also, be very careful about entering into any verbal agreement with your ex regarding payment of child support during the summer. I have seen people agree to reduce or stop child support for one reason or another, only to have the recipient party (i.e. the party who is supposed to receive the child support) come back months or years later demanding payment of the unpaid child support. No modification order was ever entered by a court, and in those cases the court has no choice but to require repayment of the child support arrearage.
   
   Therefore, if you do reach some kind of agreement you should file a modification action and obtain a modification order formalizing the new arrangement. Only then will you be truly protected.
   
   Thank you and good luck!
   
   Todd

   Nothing contained herein shall be considered or construed as creating an attorney client relationship between the... moreNothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues. less

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2. Licensed in GA

   

   Rachel Elovitz

   Atlanta Child Custody Lawyer

   Contributor Level 13

   1

   Lawyer agrees

   Answered April 19, 2012 15:28. You need to pull your Final Judgment and Decree of Divorce and look at the child support provisions. If you are the non-custodial parent and obligated to pay child support under the Decree, then that obligation continues unless the Decree expressly provides for some alternate arrangement during the summer months or you obtain an Order modifying the original child support Order. You should review the original child support Order / your Final Judgment and Decree of Divorce and any incorporated settlement agreement with whomever represented you in the divorce. If you were not represented by counsel in the divorce, this would be a good time to consult with an experienced family law attorney.

   This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.... moreThis answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests. less

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3. Licensed in GA

   

   Ikemesit Eyo

   Atlanta Family Law Attorney

   Contributor Level 18

   Answered April 19, 2012 22:09. The non-custodial parent is usually obligated to pay child support all year long. This is only not the case (the parent is only either relieved of the duty to pay support or actually receives support from the other parent) if the custody and support order specifically provides for this. The fact that you are asking your question creates the impression that there was not such a provision in your order.
   
   Sorry.
   
   ~ Kem Eyo

   The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... moreThe above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer. less

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4. Licensed in GA

   

   Marvin Solomiany

   Atlanta Child Support Lawyer

   Contributor Level 1

   Answered April 24, 2012 11:23. Yes, unless otherwise provided in the Final Divorce Order. While child support is calculated on a monthly basis, Judges recognize that expenses vary from month to month. As such, courts will not usually modify child support so as to eliminate it during a month when the child is with the non-custodial parent.

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