Friday, July 11, 2014

Do I have to pay child support in the summer?

If your child stays with you during the summer months you may be able to suspend child support.  However, your child support order must specifically state this.  There should be a clause in the child support order called, summer abatement.  This will say something along the lines of, "Child Support is suspended each July and August when the child will reside with the Non-custodial parent". 

If you child support order does not have a summer abatement clause then child support must be paid even if the child is staying with the non-custodial parent.  Some courts argue the custodial parent is still keeping up a home for the child during the summer months even if they are not staying there.

You may consider negotiating with the custodial parent to reduce or suspend child support during the summer for the periods the child is residing with the non-custodial parent.  If the parties cannot agree you may modify the child support order to add summer abatement language. 

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