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cerezita · May 5, 2009, 09:02 PM

Hi,

I want to know if I send my son to spend 6 weeks of vacation with his grandparents(qhich happens to be where his dad lives as well). Do I still receive child support for the month and 1/2 he's gone? I don't mean to sound like a gold digger. Me and the dad have not gone to court and have an agreement with one another "civily". But with that money I manage to not just support my son but put a roof over his head and all of the above.so I just want to know what happens in this case

Fr_Chuck · May 5, 2009, 09:10 PM

What does the custody and child support order say ? That is the final rule, often they have that written in for summer vacations.

cerezita · May 5, 2009, 09:19 PM

Well we never went to court. Our agreement is just 570 monthly. We never even talked about summer vacations or visitation at all. I really technically called my sons grandmother and aked her if she would like him for a month in the summer. I don't speak to his dad at all and I'm not even sure he even knows.

stevetcg · May 6, 2009, 06:29 AM

If there is no court order, technically he does not "owe" you anything. He should not be paying full support for the time that he has custody, but ultimately it is up to the two of you to decide.

IWHO · May 6, 2009, 06:15 PM

Even though your child is not living with you for a short time, you still have to pay rent, pay electricity, maintain HIS household for his return. Support should not change. That was what an attorney from Texas told us. I would suggest leaving it alone and if your Ex decides he doesn't want to pay support for the time he has your son, that HE take it up with an attorney. I believe the attorney will tell him the same thing. It's not like you can pay less rent or anything like that...

ScottGem · May 6, 2009, 06:31 PM

As others have pointed out, you have put yourself in a tenuous position by not formalizing support and visitation in court.

If you send your son to them and they all decide they want him to stay, you will have to go to court and attempt to get him back. If he decides not to pay for the time he has no legal obligation to do so.

IWHO is correct, generally courts will hold that support should continue even during extended visitation of a month or so. But since you don't have a court order you have nothing to compel him to pay.

Fr_Chuck · May 6, 2009, 07:19 PM

As noted he can do what he wants, he could stop all payments completely tomorrow and not be in trouble at all,
And you would have to file in court to get it started.

Even if you are civil, you write it up and have the judge sign off on it.

You can not enforce any agree you currently have.

So no with your agreement he does not have to pay for the time he has them.