Child Support Payments in the Summer

[Frustr8tedinFla]

What is the name of your state? Florida

Hi. I am writing on behalf of my boyfriend. The issue is this. Ever since my boyfriend and I moved in together last year, all we get is drama from his ex. They were never married but dated for 3 years. She started denying him rights to see his daughter just because he moved in with me. So, he went to the courts and requested a motion to obtain a fair visitation schedule since he is a good dad who has been paying child support all along. The judge granted him a visitation schedule in Decemebr of 2005. In this visitation schedule, he has his daughter for 6 weeks in the summer while she is out of school on summer break. The problem is that he is still paying child support during these next 6 weeks while the child is in our home. SO, not only is he paying child support, but he is also supporting his child while she is here with us for 6 weeks. So, it appears that he is being doubled dipped here. IS this right? What I want to know is if there is anything that he can do to stop the child support payments ONLY in the summer while he is providing for his child. I thought the payments for for "child support" and not for "ex support" Please help! Any advice would be great and appreciated

 

[Silverplum]

What is the name of your state? Florida

Hi. I am writing on behalf of my boyfriend. The issue is this. Ever since my boyfriend and I moved in together last year, all we get is drama from his ex. They were never married but dated for 3 years. She started denying him rights to see his daughter just because he moved in with me. So, he went to the courts and requested a motion to obtain a fair visitation schedule since he is a good dad who has been paying child support all along. The judge granted him a visitation schedule in Decemebr of 2005. In this visitation schedule, he has his daughter for 6 weeks in the summer while she is out of school on summer break. The problem is that he is still paying child support during these next 6 weeks while the child is in our home. SO, not only is he paying child support, but he is also supporting his child while she is here with us for 6 weeks. So, it appears that he is being doubled dipped here. IS this right? What I want to know is if there is anything that he can do to stop the child support payments ONLY in the summer while he is providing for his child. I thought the payments for for "child support" and not for "ex support" Please help! Any advice would be great and appreciated

This q has been asked and answered a zillion times on this forum. Use the "search" function.

BTW, this is not your business, and not your money, and not your child. Butt out. And yes, that is valuable, valid legal information. It's also free.

 

[Frustr8tedinFla]

This q has been asked and answered a zillion times on this forum. Use the "search" function.

BTW, this is not your business, and not your money, and not your child. Butt out. And yes, that is valuable, valid legal information. It's also free.

Silverplum, I respect your reply but he has asked me to go online and research as he has a job that keeps him on the road ALL day!

 

[Indiana Filer]

Silverplum, I respect your reply but he has asked me to go online and research as he has a job that keeps him on the road ALL day!

Since you seem not to know how to use the search engine, here's the answer. The amount of child support is figured as an annual amount, based on the income of the parents. Then that child support amount is split into payments, either weekly or monthly. That amount makes accomodations for the visitation schedule. He has to keep paying even while he has the child.

The child will still need a home to go to after the summer visitation period is over, right?

 

[shell007]

Silverplum, I respect your reply but he has asked me to go online and research as he has a job that keeps him on the road ALL day!

Tell your BF that the INTERNET, is open 24/7!

Q: Is Bio-mom supposed to stop paying the rent/mortgage for the home that the child will return to when the 6 weeks is up?

 

[NotSoNew]

his visitation time is calculated in his support payments already and credit against the whole year. so his weekly/monthly payments over the whole year are lower.

he could not pay at all during the summer and pay more when he doesnt have her, but it all works out the same in the end.

 

[Silverplum]

his visitation time is calculated in his support payments already and credit against the whole year. so his weekly/monthly payments over the whole year are lower.

he could not pay at all during the summer and pay more when he doesnt have her, but it all works out the same in the end.

OP, this does NOT mean that it's a current option. Your bf MUST pay the court-ordered amount. Period. He does not get to change the payments himself!

 

[NotSoNew]

OP, this does NOT mean that it's a current option. Your bf MUST pay the court-ordered amount. Period. He does not get to change the payments himself!

yes sorry this is not an option, the court does it this way because the CP still has expenses relating to the child all year long. this is the only option but dad IS getting a credit for his time.

 

[Silverplum]

yes sorry this is not an option, the court does it this way because the CP still has expenses relating to the child all year long. this is the only option but dad IS getting a credit for his time.

I know you know the CS rules, but I just wanted to make sure OP knew. Trouble could ensue if she misunderstood.

 

[Gracie3787]

What is the name of your state? Florida

Hi. I am writing on behalf of my boyfriend. The issue is this. Ever since my boyfriend and I moved in together last year, all we get is drama from his ex. They were never married but dated for 3 years. She started denying him rights to see his daughter just because he moved in with me. So, he went to the courts and requested a motion to obtain a fair visitation schedule since he is a good dad who has been paying child support all along. The judge granted him a visitation schedule in Decemebr of 2005. In this visitation schedule, he has his daughter for 6 weeks in the summer while she is out of school on summer break. The problem is that he is still paying child support during these next 6 weeks while the child is in our home. SO, not only is he paying child support, but he is also supporting his child while she is here with us for 6 weeks. So, it appears that he is being doubled dipped here. IS this right? What I want to know is if there is anything that he can do to stop the child support payments ONLY in the summer while he is providing for his child. I thought the payments for for "child support" and not for "ex support" Please help! Any advice would be great and appreciated

Apparently the CS order was issued before the visitation order. If that is true, your BF needs to file to modify the CS order, and the amount will be modified giving him credit for overnight visitations. He can either get an attorney, or if the DOR CSE is involved ask them to file, or he can file pro-se. He can find all the forms and laws at:
www.flcourts.org/ and www.flsenate.gov/STATUTES/ chapter 61

 

[GrowUp!]

The child will still need a home to go to after the summer visitation period is over, right?

Oh for chrissakes. People like you who make ignorant comments like this REALLY need to get a clue. Child support is supposed to ASSIST in A PORTION of the rent. The other parent should not be maintaining a residence they can't realistically afford to begin with.

 

[Indiana Filer]

Oh for chrissakes. People like you who make ignorant comments like this REALLY need to get a clue. Child support is supposed to ASSIST in A PORTION of the rent. The other parent should not be maintaining a residence they can't realistically afford to begin with.

Without the child, the parent could rent a smaller, and thus cheaper home. You're an idiot.

 

[NotSoNew]

Without the child, the parent could rent a smaller, and thus cheaper home. You're an idiot.

and even with a child a parent can be in the same exact home they were in before they had a child/children.

 

[sparkleguitargr]

I can understand how you could be confused about how the child support works with joint custody/split visitation. I was confused (and annoyed) about this too as I am in a similar situation as you. Like others explained before me, child support is figured by how much time the child is theoretically spending with the custodial parent. If that parent has the child an equivelant of 6 months of out the year, the child support payments are based on six months but are still spread out through 12 months throughout the year. It seems kind of stupid that you are "paying" child support while the child is with you, but in reality you are paying part of it in the six months you have the child and the other half in the six months that you don't. It is set up that way to supposedly make it easier on both parties involved by spreading out the payments to ease the amount paid from the non-custodial parent and to give the custodial parent steady payments of the same amount each month. I don't know about you but it would be difficult for me to take half of the money I make for six months and put it away for the last six months of the year. If his child support amount was configured when he did not have this visitation, you may want to advise him to seek out the advice of your local CSR office to see if he would be able to get the amount adjusted. You can also check out their website, which is pretty helpful.

And I know it feels like it is "ex support" a lot of the time but just keep telling yourself that the money is being spent on the child and what they need to thrive (a home, food, clothing, etc) even if it seems like the money isn't going to "support" them. I have been the child GETTING the child support at one time (I am 25 now) and even though I know that not much of the money was ever spent directly on me, the money that was recieved for support for me and my brother was spent on things that we needed. I keep that in mind all the time now that I am the step-parent.

I'm not a lawyer but if you need practical advice from someone who has been where you are, please feel free to e-mail me.