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.
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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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.