Philadelphia, PA asked in Child Support for Pennsylvania

Q: If a child spends 66 hours a week with the father and he buys clothing and things she needs does he still have to pay ?

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2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Norristown, PA
  • Licensed in Pennsylvania

A: If there is a child support order, then that order must be followed -- regardless of what money he may voluntarily pay beyond that order (either in kind, like clothing, etc., or in actual cash).

In addition, it's not the number of hours a child spends with a parent; it's the number of overnights in a calendar month. That can have an affect on a child support order, but otherwise has no significance if there is no support order.

Hope this helps.

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: The law counts time with children for custody and support purposes by the number of overnights a child stays with a parent. So, in order to have primary custody and therefore not pay child support, or have an adjustment to support based on custodial time, a parent would have to have the child with him or her overnight at least 4 out of every 7 nights. Even if parents share overnights equally, it does not necessarily mean that there will be no support order. Support is strictly income-driven and support orders are often entered even in such cases. If you have more questions, I suggest that you consult in person with an experienced family law attorney in your area to go over the specific facts of your situation.

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