Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?

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.