I don’t have all the facts I need to comment exhaustively on your situation, but there are some potential avenues for relief. First, your wife could ask her ex-husband to suspend the child support during the summer months. Second, you could ask a court to modify the child support. You may be able to modify based on a changed visitation arrangement (if at the time the child support was set the child wasn’t spending the entire summer with you) or based on a reduced net income (if your two-year-old daughter hadn’t been born when child support was set for your older daughter). And your situation may be one in which the court would entertain a “deviation” from the child support guidelines. Again, without knowing any more particulars, I just couldn’t predict what a judge would do in this situation.
I do want to express to you, though, how imperative it is that you continue to support your wife throughout this situation, as in all likelihood, nothing would bring her ex-husband more pleasure than to know he was causing problems for the two of you. What’s most important is that you and your wife get to spend the summer with that wonderful child.
David L. McGuire
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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 but a full discussion with an attorney should be undertaken before taking any action.