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Ex wants support back

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What is the name of your state? Indiana

My ex wants me to give him back the child support he is paying while he has our daughter for summer visitation. Our court order does not say I have to give it to him or that he doesnt have to pay it while he has her for visitation.

He says that he needs it for shampoo and other things with having more people in the house (shes only one kid) but yet she calls me bragging about how her dad and his gf take her out to eat to different places and swimming and camping and to the malls and buy her earrings and other things. This is the first time he's ever had her for an extended time (shes almost 13) and I am sure she does use more shampoo and other things but should I have to give him back the child support? She does have to come back to me and I have to save this money to buy her school clothes and supplies and shoes etc when she comes back.

My question is if I refuse to give it to him would he be able to take me to court to have it ordered that I have to give it back to him or that he doesnt have to pay when shes with him?
 


CourtClerk

Senior Member
What is the name of your state? Indiana

My ex wants me to give him back the child support he is paying while he has our daughter for summer visitation. Our court order does not say I have to give it to him or that he doesnt have to pay it while he has her for visitation.

He says that he needs it for shampoo and other things with having more people in the house (shes only one kid) but yet she calls me bragging about how her dad and his gf take her out to eat to different places and swimming and camping and to the malls and buy her earrings and other things. This is the first time he's ever had her for an extended time (shes almost 13) and I am sure she does use more shampoo and other things but should I have to give him back the child support? She does have to come back to me and I have to save this money to buy her school clothes and supplies and shoes etc when she comes back.

My question is if I refuse to give it to him would he be able to take me to court to have it ordered that I have to give it back to him or that he doesnt have to pay when shes with him?

Unless the CO says otherwise, you don't have to give him anything. Send your daughter with a bottle of her own favorite shampoo and toothpaste. Heck...be a little funny and send her with a roll of toilet paper too.
 

CourtClerk

Senior Member
Oh..and he can take you back to court and ASK that the order be modified.... heck, he can request that the tooth fairy have visitation rights... you get the idea??? The chances of him getting it????
 
Unless the CO says otherwise, you don't have to give him anything. Send your daughter with a bottle of her own favorite shampoo and toothpaste. Heck...be a little funny and send her with a roll of toilet paper too.
Thats actually what I was thinking of doing since he's complaining about her using more.
 

Silverplum

Senior Member
Unless your CS order states otherwise...support generally is figured as an annual sum, then divided by 12. It doesn't matter if she's at his house for an extended time, support is still due in regular payments.

It's a common misperception for CS payors. Tell him to re-read the court order.
 
Unless your CS order states otherwise...support generally is figured as an annual sum, then divided by 12. It doesn't matter if she's at his house for an extended time, support is still due in regular payments.

It's a common misperception for CS payors. Tell him to re-read the court order.
Thank you to you and courtclerk for responding. I will tell him to re-read it and I will send her personal items for the time she is with him.
 

CourtClerk

Senior Member
Thank you to you and courtclerk for responding. I will tell him to re-read it and I will send her personal items for the time she is with him.
Understand that if you are sending toiletries, you are under NO OBLIGATION to send them with your daughter. Just as he probably doesn't send her shampoo and conditioner and sanitary items (if necessary) when she is with you, you do not have to reciprocate. You are doing it as a courtesy and to make sure your daughter has the things that she likes (kind of like packing her fav teddy bear). Your ex's request is ridiculous to say the least, but my thought is just to shut him up (because i wouldn't be sending the CS back), I'd send a bottle of everything she likes.
 

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