Changing child support


#1

I don’t know if you can do this or not, but if you can work it out without having to go through centralized collections, you will be much better off. If there is not a court order, you should be able to do whatever you want.


#2

Generally child support is calculated based on a yearly amount. That means the number of overnights you have in one year are included when the support is calculated, so even if you have all those overnights in a one month period, you would generally be required to pay support for all twelve months. You can deviate from this rule if both of you agree, for your protection you should put this in a written and notarized Agreement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I pay my ex-wife child support each month. The only exception is, each June she’s to return the child support to me since the kids come to my house for the summer. She recently asked me if I’d be interested in taking that one child support payment, dividing it by 12, reducing my monthly payments by that amount (roughly $50 per month in this case) and putting that into a savings acct for the kids each summer as opposed to her having to return the entire amount all at once which puts her in a financial bind according to her. I don’t have a problem with this and neither does my current wife but can we do this legally? This has all transpired via email so I have record of her bringing up the idea, etc.