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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-25-2009, 06:19 PM
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My son and his ex got back together and had a relationship for 8 mths until she decided she had enough again. They did not live together however. Does anybody know if this would effect the child support payment. He didn't pay it while they were together. Thanks
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Old 11-25-2009, 07:52 PM
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He should have been supporting his child regardless of who the child lived with.

CS has nothing to do with whether the couple are dating.

If the child had begun staying with him during that time, he would still have to pay support unless/until he could get a motion to change the support order.

If there was no separation agreement or custody agreement or interim order, he should still be paying support if the child is living with the mother.
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Old 11-26-2009, 01:13 AM
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If the 2 adults agree, there is no "law" saying that the guidelines, and the guideline amounts, must be followed. They can make up their own reasonble agreeement.

I have 2 sets of friends who never saw a lawyer, and don't use the guidelines at all. They determined together how much money the child added to the household costs at each parents home, and pay that amount. The child spends equal time at each home in one situation, and in the other lives with the father, with the mother being allowed to see her child as often as she wants.

If both people are mature and can think about what's best for the child, that ususally does NOT involves following the "standard" visitation for the father, and having him pay the guideline amounts as that amount usually leaves the child worse off than necessary at the fathers house.
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Old 11-26-2009, 08:18 AM
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Whether they lived together or not, were married or not, it makes no difference. If they are not living together and both supporting the child together, as a family, the court will order child support to be paid according to the child support guidelines to the parent who has the child 40% of the time, or more. If the child spends at least 40% of the time with both parents, separately in their separate homes, then child support would be calculated differently, but the parent earning the higher income would still be responsible in paying a certain amount to the other parent.
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