In Florida (specifically Orange County), if the non-custodial parent only has the child for maybe 4 months out of the year, when the child is visiting the non-custodial parent, does the custodial parent have to pay child support for the month (or however long) the child is visiting?
And where can I find this information in writing?
2006-09-01 07:01:50 · 9 answers · asked by Dasiavuu 2 in Family & Relationships ➔ Marriage & Divorce
It's not for me - my boyfriend has custody of his son, so far his ex has yet to pay child support. But out of the blue she wants copies of the paperwork so she can start paying. He's worried she's going to start paying because in November she wants him for like three weeks (he's in year rounds school) and my boyfriend thinks during that time, he's going to have to pay her. His payments are double hers as he makes more. This just doesn't sound right to me, that he would have to pay when he's there visiting. Thanks for the help!
2006-09-01 07:18:54 · update #1
You should go to the Florida Revised Statutes and look under the family law section or the Florida website for child support. There is usually a calculation guide on the website.
The child support order should say that the ncp is not required to pay child support for those months and a readjustment is made in the office. Or, what the ncp could do is request a court date to get a modification of amounts due for the time he or she had the child.
In Arizona visitation is calculated into the order. So if the child visits the ncp for a certain amount of days out of the year, an adjustment is made to reduce child support. If the child is not visiting the ncp, the cp could ask for the order to be modified due to lack of visitation. Each state varies, so you should check with your local child support (IV-D) agency.
Oh, a cp could be required to pay if the couple have joint custody. I used to encourage the ncp's to open their own child support case if they had joint custody. Usually men don't like to open child support cases unless they are whiny, vengeful men.
I would tell the ncp's to open their own cases because they have the legal right to open one.
I was a child support worker in two states. There is an adjustment for the times the child is with the ncp if the ncp pushes for the adjustment. The ncp should not start receiving money because she has the child for only three weeks.
2006-09-01 07:10:25 · answer #1 · answered by Laughing Libra 6 · 0⤊ 0⤋
No. The premise is that the custodial parent has to maintain the household while the child is with the other parent and therefore needs the child support year round. I think, though, if the custodial parent can afford to, they should refund at least part of it back to the non-custodial parent as they will have higher expenses during an extended visit like that. I know I would.
2006-09-01 07:06:11 · answer #2 · answered by Zebra4 5 · 0⤊ 0⤋
No, if the visitation is up and over the court-state mandated visitation rights, the n/c parent could file for court hearing to remodify the original child support to cover the extended stay, but nothing comes out of the custodial parents pocket per se. Now for the n/c parent to use the child for tax purposes, the child must be with them for over half the year. You can go online to Florida child custody laws to find out more.
2006-09-01 07:09:44 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
See a lawyer non of these idiots know what they are talking about. Custodial parent receives child support all year long even if they don't have the child for a month or more unless your court order says different. Read you Order and consult your child support enforcement office.
2006-09-01 07:12:02 · answer #4 · answered by Liz 3 · 0⤊ 0⤋
NO!! child support for custodial parent is calculated based on the amount of overnights the noncustodial parent has with the child. It will reflect by a decrease in the amount that the custodial parent gets in a support payment
nolo.com
2006-09-01 07:03:48 · answer #5 · answered by psychstudent 5 · 0⤊ 0⤋
Well, I don't know about FL laws, but if your ex is paying you child support when you have the child or children, why wouldn't you pay him when he has them for extended periods? Or just eliminate his payments to you during that time? I don't know what is wrong with people, but use your common sense and extend the same courtesy to your ex as he does to you. After all, isn't it the kids who reap the rewards or feel the pain? Put your kids first!
2006-09-01 07:08:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
the youngster help purely covers to 18 while the youngster turns into an grownup (contained in the eyes of the regulation). The court considers the youngster sufficiently previous to earn his thank you to college. mothers and dads are no longer legally obligated to deliver the youngster to college.
2016-09-30 06:05:11 · answer #7 · answered by ? 4 · 0⤊ 0⤋
yes
2006-09-05 04:19:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
NO WAY
2006-09-01 07:04:40 · answer #9 · answered by cindy s 2 · 0⤊ 0⤋