What happens if

[La-Poorboy]

What is the name of your state?Louisiana

What happens if I ask the court for my daughter to live with me through the summer months, will I still have to pay child support for these 3 months? How do you ask the court for this? Is this in the fathers rights?

Louisiana PoorBoy

 

[casa]

What is the name of your state?Louisiana

What happens if I ask the court for my daughter to live with me through the summer months, will I still have to pay child support for these 3 months? How do you ask the court for this? Is this in the fathers rights?

Louisiana PoorBoy

Not likely unless you want to re-calculate your child support to be higher during the other 9 months of the year. Child support is calculated as a yearly amount, then divided into 12 months- which you pay monthly. So if you filed in court to not pay during summer months, you'd have to get a judge to agree to that, and then your monthly support amounts for the other 9 months would be higher than it is now.

 

[La-Poorboy]

So if my court order is 450.oo a month for 12 months and my ex's is 274 per month for 12 months, then why can't the 3 months she is with me, my ex pay me the 274.00 a month? We are both still paying our percentages but the money and children are switching hands?

Louisiana PoorBoy

The reason I ask, because my ex has to pay day care during summer, and if the child is with me then It will be alot less day care expenses, which means it helps the child, ex-wife and the daddy!

Or is my thinking just plain-out-wrong?

 

[dallas702]

Your logic is fine, but many judges will say that your ex still has to maintain the same home as before, etc. But heck...it's worth asking.

 

[legalcuriosity]

So if my court order is 450.oo a month for 12 months and my ex's is 274 per month for 12 months, then why can't the 3 months she is with me, my ex pay me the 274.00 a month? We are both still paying our percentages but the money and children are switching hands?

If your CS order is calculated properly, the children being with you during the summer months SHOULD already be factored into the calculation of the CS amount.

The reason I ask, because my ex has to pay day care during summer, and if the child is with me then It will be alot less day care expenses, which means it helps the child, ex-wife and the daddy!

Or is my thinking just plain-out-wrong?

No, it's a logical question. But we all know when it comes to logic, there is no room for that in this whole system of support/visitation/custody. LOL Is day care even factored into the CS calculation? If so, is it year-round or just summer?