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Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time.

This was a question raised during the seminar I attended for separate and divorcing parents, and the answer is "yes." Child support is just that, support. Often times the cost of raising a child is more than double the amount received in child support. Child support and visitation are independent of each other. If you fail to pay support, visitation can not be witheld. Likewise, if you pay child support, you don't automatically have the right to visitation. If both parents are agreeable with each other, they may make a written agreement between themselves for no child support to be paid during that period of time. But, legally, the non-custodial parent is still obligated to pay child support during the extended period of time the children are in his/her care.

One option a non-custodial parent has is to pay more in the months when the child is not in his care (in this case spreading the three months of payments over the othe nine months and adding it to the among already paid) but this must begin the month after the three motnhs ends or the non-custodial parent will accumulate an arrearage. Again this is fair because the parenting time of the non-custodial parent with the child should already be accounted for in the calculations. If they are not, the non-custodial parent can file to adjust the child support based on the fact that their parenting time would reduce the child support substantially (obviously this varies from state to state).

In some states there is a percentage of time that a child lives with a parent to consider non-payment for that time. In some states a child has to live with the parent 65% of the time to receive child support if the child does not live with you for that amount of time you cant get support. In some states child support is considered repayment of past costs. You would have to ask a lawyer or research the child support laws for that state.

Of course the non-custodial parent has to pay if it is the man. Frequently, even if the kids live with the man full time he will have to pay. If a man is able to afford to go back to court to try to get custody awarded to him and he is successful, then he may have a chance at having child support reduced, rarely ended. And, the court will even more rarely order the woman to pay child support to a man, or enforce it if it does.

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โˆ™ 2014-05-14 15:31:03
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Q: Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?
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Related questions

Can a child sue custodial parent if noncustodial parent does not pay child support?


Does the noncustodial parent have to pay child support if they marry the custodial parent?

what if the noncustodial parent still reside with the custodial parent, is noncustodial parent still obligated to pay childsupport

Can child support be terminated if a noncustodial child refuses contact with a a parent?


If a child is 18 and moves in with noncustodial parent does the custodial parent have to provide child support?

Generally, no.

Does a noncustodial parent in Texas on ssi have to pay child support?


Can child support be terminated if a noncustodial child refuses contact with a parent?


Can an adult child sue their noncustodial parent for back child support?

Yes, as an adult you can sue a noncustodial parent for back child support. However it is a different story if the noncustodial parent has never been ordered to pay child support. You can still sue them for a percentage of their assets. I am currently working on a case in which my client is sueing his father for 15 years of back child support. Any divorce lawyer can handle this case for you.

Does a noncustodial parent have to child support if he relinquishes his rights?

... have to [pay] child support - yes, until/unless the child is adopted.

If the custodial parent remarries is the noncustodial parent still responsible for support?

Yes. They are still the child's parent and responsible for supporting their child.

Is it fraud when a noncustodial parent is living with his mistress and she is collecting child support?


Does a noncustodial parent pay child support if they leave the country?


If custodial parent gets married does the noncustodial parent still have to pay child support Texas?

Yes. The marital status of the custodial parent change does not change the obligation of the noncustodial parent.

How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?

If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.

Texas- if you are the custodial parent of 17 y. o. receive child support from noncustodial parent she then choices on her own to live with noncustodial can the support be flipped?

Yes, it can. Moving in with the other parent is grounds for "flipping" child support payments. However, this must be done by court order.

If the custodial parent lives in a different state then the noncustodial parent which state determines child support?

The State in which the child resides.

Will you have to pay child support for a 17 year if they choose to live with the noncustodial parent in Ohio?

Child support in Ohio usually continues until the child is 18, and up to the age of 21 if the child is in school. Whether or not you have to pay child support if the child is living with the noncustodial parent depends on the support order that it is in place Typically you can expect that you will have to expect to pay support.

Can unforeseen medical expenses for a stepchild of the noncustodial parent effect the amount of child support the noncustodial parent is required to pay?

No. Your obligation to support your own child takes priority over any subsequent support you offer for another person's child. The court would not decrease your child support obligation for that reason.

How long does a child have before starting college at the expense of a noncustodial parent?

Six months after graduation in those few states that require child support into the college years.

Is the noncustodial parent of a juvenile who has been incarcerated responsible to the custodial parent for child support during that period of time?

i am a custodial parent in Michigan. I've been to court to fight it, but unfortunately it is law that if the noncustodial parent is incarcerated they do not owe child support for the time that they are locked up. but if they owe back child support then you can seize anything they own.

Is there a statute of limitations for collecting child support in Massachusetts after the noncustodial parent dies?


Can an adult child sue their noncustodial parent for back child support in Canada?

Only if the obligee parent releases the claim or is deceased.

If custodial parent gets married does the noncustodial parent still have to pay child support new york?

Yes. The fact that the custodial parent got married has no impact on child support.

If a child joins the national guard does the noncustodial parent still have to pay child support child is still in school?


Can noncustodial parent claim 1 child if divorce with 2 child?

can noncustodial parent parent claim 1 child if divorce with 2 kids

Does the noncustodial parent give up legal rights to a child if he has had nothing to do with the child since birth and pays no child support?

at times yes but usually if the noncustodial parent does want to see the child they will be denied visitation rights and not be allowed to see the child