Child Support Paid during extended time period with non custodial parent (father)

What is the name of your state?undefinedWhat is the name of your state? New York

What is right under the law in New York State re child support during extended periods when the children are living with the non custodial parent? Example: The kids spend the entire summer vacation June through early Sept. with the NCP/father. He pays for all summer activities such as camp tuitions, clothing, outings, etc. as well as normal family expenses. Is the primary parent/mother entitled to child support payments during this extended period of time?

Thanks!

Yes, that is Part of the Visitation schedule .

Depending on what your orders state .

If the NCP feels the support payments should be lowered , the Ncp has a right to Petition for modification , but in reality , the support payments will likely stay the same .

Child support during extended periods with NCP

Thanks for the answer. I should have incuded more details. These extended periods are not in the visitation schedule. The mother (primary) hasn't adhered to the schedule in an upside-down way. She wants the kids to be with the father as much as poss, so all holidays, extended schools out periods, summer, etc., she tells the father to take them home/away. In the legal agreement, there is a visitation schedule that alternates holidays and summer bet. mother and father, but for the last six years, the father has had the kids for every time off.
Since the kids are not with the mother during these extended period, it seems unfair that she should be receiving child care payments. Does the mother have to at least share in for summer camp tuition?
Thanks.

Not sure about your state, but you can go back to court and change the visitation -custodyorder. Child support order may be lowered if kids stay with you 50% or more of total time.

As the Court's Orders are based on the schedules Etc .

Again , If the Parent paying child support , or the Parent having extended time feels the support amount should be changed then Both Visitation and support should be Petitioned for modification .

How much support we talking about per month ?

It may cost more in attorney fees than to take this back to Court .

Also if the NCP enjoys spending the " extended " time with their child(ren) , they might not want to rock the boat .

The NCP would have to weigh the pros against the cons .

Thank you - this is very helpful. The NCP/father would love primary custody but the mother has threatened suicide should he make a movement to that end (she has mental health issues). The father feels that kids have been thru enough with the divorce and the three hospitalisations their mother has had since the divorce for mental health issues The mother receives more than 25% of the father's income/year ($1,000/month). He also pays for all "extras" that come up such as new furnishings as the kids grow, new shoes, coats, Easter outfits. Their divorce agreement says that they should split any extra curricular activities and daycare expenses. The NCP pays for all of this.
Does this info change your feedback?
Thank you.

Legally ? No , it has not changed my opinion .

The moral issue , is " What If " the mother followed through with her threat ?

I think the Father needs to sit down and talk to the mother about having to pay $1000.000 each moth he has them . Say 3 months for the summer = $3,000.00 . I sure wouldn't want to have to pay that much , but Again She apparently has Primary Custody and needs to keep housing sufficient for the child(ren) to live in .

Since they haven't been following Court orders he might persuade her to voluntarily return a portion of the payments to him in cash . That way it would still be on record as being paid .

It sounds like she is afraid to lose Custody , and support for herself as well .

It's kind of a tricky situation . You wouldn't want the children devastated by mom committing suicide .