Temporary stop of support payments while the child is in my physical custody.

[NojusticePA]

What is the name of your state (only U.S. law)?
Pennsylvania

Is it possible to stop support payments to my ex-wife while the child will be in my care for the summer? This time will uninterrupted and my child will not be in his mother's care for up to six weeks.
My ex-wife has agreed to have my son spend the summer with me.
She works part time and uses the money that I pay for child support to live off of. She does not buy him clothing or pay for extra activities. I am hoping that since he will be at my house during the summer that I can stop paying support during this time.
Please help me. She seems to always have the upperhand with the legal system and her constant drama adds serious strain to my current relationship and also creates instability for my son. She violates the custody agreement constantly. If I can stop giving her money for just a short time it may give me a fair advantage for once.

 

[stealth2]

What time-share are you provided with in the court order (the standard assumes 30% of the year with the obligor). What sort of time-share do you actually have with the child?

PA does actually allow a shift in amount owed (based on the obligor's time), HOWEVER, it does so with increases in time of 10% - so CS can be adjusted if you have them 40% or more of the time, or 20% or less (the former reduces your obligation, while the latter increases it). Otherwise, there is no adjustment, nor is there an abatement. The guidelines assume an ~30% time share for the NCP.

 

[mistoffolees]

What time-share are you provided with in the court order (the standard assumes 30% of the year with the obligor). What sort of time-share do you actually have with the child?

PA does actually allow a shift in amount owed (based on the obligor's time), HOWEVER, it does so with increases in time of 10% - so CS can be adjusted if you have them 40% or more of the time, or 20% or less (the former reduces your obligation, while the latter increases it). Otherwise, there is no adjustment, nor is there an abatement. The guidelines assume an ~30% time share for the NCP.

Even if OP is entitled to a change, changing it for 6 weeks is probably not worth the effort. First, they'll have filing fees and maybe legal expenses. Second, if the summer time is not spelled out in the court order, Mom may refuse to let the child spend 6 weeks with Dad if if affects her CS, so Dad may simply lose time with the child if he makes an issue of it.