Paying Child Support During Summer Parenting Time

divorce questions to askQuestion:

I am curious about child support laws when I had my children for summer vacation.

Per our child custody agreements, my kids stay with me over summer breaks. Yet I was still paying child support to my ex-wife during the months the kids lived with me.

During an extended period of parenting time where the kids are solely in the child support obligor’s possession, should parents still be expected to pay child support? Can I get a credit or reimbursement for the child support paid during the summer break?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas law where I am licensed to practice.

You are not the first person to ask this question, and it absolutely makes sense, unfortunately most states’ laws do not have a provision for this in their child support laws.

However, if you know when divorcing that you are going to be an active parent in your children’s life I would say that is a perfect time to argue for a credit during those summer months, or even argue for reduced child support based on the amount of time you will be spending with your children.

Additionally, you can always go back to court to modify child support and ask for either of those, but it is not an automatic function in the state I practice in (Texas).

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction for advice on child support laws.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Amanda L. Clepper, an associate attorney in the San Antonio, Texas, office, contact Cordell & Cordell.

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