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-   -   I have custody of my kids 1 month - do I have to pay child support for said month? (https://www.askmehelpdesk.com/showthread.php?t=259710)

  • Sep 12, 2008, 11:34 AM
    munnkies
    I have custody of my kids 1 month - do I have to pay child support for said month?
    My husband and I live in separate states. In our divorce agreement, he gets custody of the kids 90% of the time and I do 10% of the time. This ends up being one month out of the summer that I get them. Am I obligated to pay him child support for this one month that I have them, and, if so, how does the court expect for me to care for them without that money?
  • Sep 12, 2008, 11:38 AM
    cdad
    Yes your suppose to pay child support even when you have them. You support isn't based upon a 1 month period - its based upon 10% time. So if you lived closer you could have the children roughly 3 days a month and you would end up with the same amounts.
  • Sep 12, 2008, 11:40 AM
    munnkies
    My divorce decree has me paying 30% more than the guidelines - can I get this reduced?
    My husband and I are "supposedly" being represented by the same attorney. In my divorce decree, it states that I am to pay $600.00 a month, which is 45% of my total income. Should I be paying this much, and can I hire a lawyer to have a judge reduce the amount of child support that I am required to pay monthly?
  • Sep 12, 2008, 11:49 AM
    stinawords
    As calif said yes you still have to pay. The 10% time that you have them is calculated into the suport so that there isn't an interuption in payments.
  • Sep 12, 2008, 11:52 AM
    stinawords
    This thread needs to be combined with the other one if you have more to add on just use the anser box at the bottom. That being said, you can always hire your own laywer generally in divorce cases there is a lawyer for each side unless the couple has already reached an agreement and just needs the papers drawn up. What state are you in? That makes a difference on how the support is calculated.
  • Sep 12, 2008, 11:53 AM
    babygirlon10fiv
    Quote:

    Originally Posted by munnkies
    My husband and I live in separate states. In our divorce agreement, he gets custody of the kids 90% of the time and I do 10% of the time. This ends up being one month out of the summer that i get them. Am I obligated to pay him child support for this one month that I have them, and, if so, how does the court expect for me to care for them without that money?

    Only if your court order states that you musy pay and the amount
  • Sep 12, 2008, 11:56 AM
    ScottGem
    Quote:

    Originally Posted by babygirlon10fiv
    only if your court order states that you musy pay and the amount

    Clearly the OP is required, as part of her divorce agreement to pay child support. Her question was whether she has to pay even though she has visitation with the kids for the month. So I don't understand your answer.

    The previous answers were correct. Child support is figured on an annual basis. Having the kids for visitation, even for a full month doesn't change the support.
  • Sep 12, 2008, 12:01 PM
    ScottGem
    I've combined the two threads.

    A lawyer cannot represent both sides of a n issues. Get your own representation.
  • Sep 12, 2008, 08:19 PM
    Fr_Chuck
    Yes, you pay child support even when you have the children.

    Next if you are using the same attorney with the husband and are not 100 percent agreed, you don't stand a chance esp if that attorney is working more for your EX>

    My ex and I used the same attorney, and I know many couples that do use, but in these there is nothing to work out, you have aread agreed on everything, if you are stlll disuccssion issues you both need separate attoroneys
  • Sep 13, 2008, 06:57 AM
    JudyKayTee
    Quote:

    Originally Posted by babygirlon10fiv
    only if your court order states that you musy pay and the amount



    This is incorrect. The OP has been ordered to pay child support. That support money pays for rent, food, utilities for the child all year long. Unless the Court Order specifically addresses a change in child support during that month, the OP has to pay.

    You have this in reverse - the OP pays UNLESS the Order says otherwise.

    Parents pay child support for children in College for this same reason - so they'll have a place to come back to.

    As far as taking another look at the support issue - Courts will not entertain changes within a certain time (usually 1 or 2 years) and then only when there is a change of circumstances.

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