Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?
I received a reply from Rand Scott Lieber, Esq. "A: Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent"--thank you, Sir. However, from the reply I realized I neglected to include a possible relevant detail:
In late 2016, a Modification to the Parenting Plan took effect after Court ordered Mediation. Prior to the Modification I did not have overnights with my daughter, now 16. Only after the Modification did I have her for longer periods, for example, half the summer vacation (a month and a week). Would not Child Support be recalculated to reflect a period where I am responsible for all costs/expenses during that month? My daughter also spends half of Christmas vacation and half of Spring break with me.
Both Parents live in Florida.
A: The answer is still no. Just because you now have been given extended visitation rights does not mean you can ship payments due to the other (custodial) parent. This issue could (and should) have been brought up during the hearing on the modification agreement. So if you still want to push this issue, then file a motion.
1 user found this answer helpful
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