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  • Child Support Question

    If a separation agreement doesn’t cover or specify a summer child support payment schedule and the kids will be 50/50 during that time; as long as incomes are equal is the parent with less time during school year still required to regular monthly Child support for the summer months?







    Thank you.

  • #2
    Was the 50/50 contemplated in the agreement or is this a new thing? If it just happens to work out that way then no as it is two months and a unique situation.

    If this has happened every summer and will continue, you may want to update. But should have a discussion first. Perhaps a reduced amount.

    If the recipient is unreasonable and will put up a fight to keep the two months of support, the payor should ask themself if it is worth losing time with the kids over because most likely the recipient will claw back time.

    Comment


    • #3
      Originally posted by rockscan View Post
      Was the 50/50 contemplated in the agreement or is this a new thing? If it just happens to work out that way then no as it is two months and a unique situation.

      If this has happened every summer and will continue, you may want to update. But should have a discussion first. Perhaps a reduced amount.

      If the recipient is unreasonable and will put up a fight to keep the two months of support, the payor should ask themself if it is worth losing time with the kids over because most likely the recipient will claw back time.



      50/50 is stated in the agreement for Summer Schedule.
      This is the first summer since agreement was signed.


      Sadly the other parent is threatening to withhold the kids due to this issue.

      Comment


      • #4
        Your first mistake was not having 50/50 full time.

        Your second mistake was thinking that CS was dynamic.

        My recommendation would be to maintain CS and increase your time to being full-time 50/50 and after a year of full time 50/50 seek an offset adjustment to CS.

        Note to all parents: 50-50 should be your target always.

        Comment


        • #5
          The other parent cannot withhold kids because of CS issues.

          And you cannot withhold CS because of the summer schedule. I've never heard of anything such as a "summer child support payment schedule". You pay CS as normal.

          Comment


          • #6
            Yes what Tayken and Iona said. Full support is paid as it was not clearly outlined in the agreement. The other parent can’t withhold the kids for any reason.

            If you are the payor, pay the cs and follow Taykens advice.

            Comment


            • #7
              Originally posted by Tayken View Post
              Your first mistake was not having 50/50 full time.

              Your second mistake was thinking that CS was dynamic.

              My recommendation would be to maintain CS and increase your time to being full-time 50/50 and after a year of full time 50/50 seek an offset adjustment to CS.

              Note to all parents: 50-50 should be your target always.
              Every line of this is important.

              Comment


              • #8
                Is my understanding here correct?:

                Child support change is a yearly even unless there is a material change.

                Child support cannot be agreed to be waived.

                The hours are what counts for determining how much time a parent is spending with a child. Hours at school count too, parents can argue who gets those hours to a judge.

                Judges have input on altering the amount of child support if one parent has 60% or more of the hours.



                Is there a set standard like if parent 1 sends them to school and receives them from school but parent 2 takes care of incidents if they happen at school who gets the hours?


                On a personal note I don't get how a child going away to school halts child support but a child spending almost all the summer with one parent does not....is that to stop parents spending time with their kids just for the money?

                Comment


                • #9
                  Originally posted by cleanSlate View Post
                  Child support change is a yearly even unless there is a material change.
                  CS is updated yearly to take into account changes in income. The child is to benefit from changes as they happen. If there is a change in custody that results in a support change then yes that is to happen. Material changes in circumstances can mean a change in custody which results in a change to support.

                  Child support cannot be agreed to be waived.
                  Many people try this and many people fall for this. You cannot waive support. It is the right of the child and is always ordered.

                  The hours are what counts for determining how much time a parent is spending with a child. Hours at school count too, parents can argue who gets those hours to a judge.

                  Judges have input on altering the amount of child support if one parent has 60% or more of the hours.
                  This one is tricky and normally happens when a parent either doesn’t want to pay cs or wants to be eligible for cs. It’s a waste of time to count hours as there are so many different ways to interpret what is one parent’s time. Always go for a 50/50 schedule and have that and cs clearly outlined in any order.

                  Comment


                  • #10
                    What's the schedule like the rest of the year? Over the course of 2021, will one parent have at least 60% of the time? or do both parents have at least 40%? If one parent will have 60% of 2021 including the summer schedule, then CS is paid normally. if both have at least 40% and you can prove increased costs etc as a result of this arrangement, you could file a motion to vary to an off-set amount or a lower amount during the summer.

                    Comment


                    • #11
                      Originally posted by cleanSlate View Post





                      On a personal note I don't get how a child going away to school halts child support but a child spending almost all the summer with one parent does not....is that to stop parents spending time with their kids just for the money?
                      when a child goes away for school there are other expenses that are paid like staying in residence or whatever. You are comparing two different things. When they go to school it is more than just a month or so.

                      Comment


                      • #12
                        Originally posted by velas View Post
                        What's the schedule like the rest of the year? Over the course of 2021, will one parent have at least 60% of the time? or do both parents have at least 40%? If one parent will have 60% of 2021 including the summer schedule, then CS is paid normally. if both have at least 40% and you can prove increased costs etc as a result of this arrangement, you could file a motion to vary to an off-set amount or a lower amount during the summer.

                        Not worth the legal battle. You will spend more in fees and a judge will still order cs. Not to mention that if cs is split evenly over 12 months, the amount of cs through the summer is technically reduced.

                        Comment

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