Witholding child support

[scrumpy]

What is the name of your state? NY

Is the non-custodial parent allowed to withold support for the child if they have the child for any period of time.
For example: support is paid weekly and the non-custodial parent has the child for a week or most of it. Or the non-custodial parent takes the child on vacation for a week or more. Do they have the right to withold the support for the time that they have the child with them or are they obligated to pay the support regardless.

 

[Silverplum]

What is the name of your state? NY

Is the non-custodial parent allowed to withold support for the child if they have the child for any period of time.
For example: support is paid weekly and the non-custodial parent has the child for a week or most of it. Or the non-custodial parent takes the child on vacation for a week or more. Do they have the right to withold the support for the time that they have the child with them or are they obligated to pay the support regardless.

Without knowing what your order says exactly, the general answer is no.

 

[Ithildriel]

One must pay according to the court order.

 

[scrumpy]

Without knowing what your order says exactly, the general answer is no.

The order states that the support will be paid weekly at a fixed amount. There is nothing in it that states anything about vacations or otherwise.

What are the legal rights of the custodial parent?

 

[BL]

I will tell you the general orders allow vacations , and if that is the case NO you still must pay as per Court order .

Under those circumstances , NO one can-not with hold CS , and even IF there were a contempt , it would have to be filed , heard , and a decision made .

 

[Silverplum]

The order states that the support will be paid weekly at a fixed amount. There is nothing in it that states anything about vacations or otherwise.

What are the legal rights of the custodial parent?

Instead of pussyfooting around, why not just tell your story?

With what you've told thus far, the CP's right is to file contempt for nonpayment of CS. After it happens.

 

[happybug]

Child support goes to support your child including rent, electric etc. to keep a roof over your child's head. Your landlord would not allow you to adjust your rent if you were going on vacation for a week. The custodial parent still needs to support your child's household even while you have the child for a week.

 

[Silverplum]

Child support goes to support your child including rent, electric etc. to keep a roof over your child's head. Your landlord would not allow you to adjust your rent if you were going on vacation for a week. The custodial parent still needs to support your child's household even while you have the child for a week.

We don't know if this is the CP or NCP, or the gf or bf of one or the other.

 

[happybug]

We don't know if this is the CP or NCP, or the gf or bf of one or the other.

I just read it again and see you are right. I stand corrected. Whichever it is, support would still need to be paid for the child in question if NCP is only talking about a weeklong vacation.

 

[tigger22472]

The easy answer is this....

In most states the visitation schedule is already taken into consideration. Since the order says a 'fixed' amount I'm going to go out on a limb and say this is the case.

What this means is that the income(s) were considered and the amount was set, giving credit for the time of visitation. Then it was divided by 52 weeks. If it was not done this way and the NCP did not have to pay the week that the child was with them then the other weeks, when the child was with the CP the NCP would be paying more in support.

 

[BL]

I mean BTWT's we are steering your right , garbage in , garbage out . GRRRR .....

And as our own Stealth would reply , until the specific Orders are enlightened upon us , and Whether they were Ordered from , WE can not give a definite answer . < long horn > I said generally , generally >.