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Old 07-28-2017, 02:46 PM
OrleansLawyer OrleansLawyer is offline
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There should be no child support paid for the duration the child is away at school so long as the ex has contributed to the child's residence and schooling costs.

Child support is for when the child is at home. If the ex is contributing to residence, meal plan, educational expenses, to expect them to pay c/s while the child is away is double dipping. C/S is for residence, food etc. When the child returns home for the summer, c/s resumes.
Compared to:

In my experience CS is reduced while the student is away, and then returned to full table when the student is home during the summer.
Both of these are dependent on the circumstances.

One of the more popular methods is to use the "summer table" of child support. This is one third of the Guideline amount, representing the one third of a year the child lives at home (May - August), with the other 8 months away at school. When the child is away at school the parents would give the child's expenses (less child's contribution). The purpose of paying one third is to provide a consistent amount for both parties, rather than a spike in the summer.

There is flexibility in the Guidelines when dealing with an adult child. It is possible for parents to pay child support directly to their child (particularly when it is a large s.7 expense, such as university tuition + living expenses, and the child is personally liable for the expenses). It is possible for a judge, on the facts of a case, to order that the funds still go through the recipient spouse.

Generally, someone will not pay full guideline support all year for a child that lives away for much of the year - particularly if they are also contributing to living expenses.
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