I went through the same thing, judge said payments are mine because during those months I still have to get school clothes and school materials…… bit me in the ass because ever since judge told him this he stopped taking his kids for the summer!!!
No that’s not what court ordered.
He stupid and can’t read
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If the order says it doesn’t change then it doesn’t change.
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l get paid over $130 per hour working from home. l never thought I’d be able to do it but my buddy makes over $18468 a month doing this and she convinced me to try. The possibility with this is endless.
Info Here >>> https://dailyincome13.neocities.org/
That’s a hell no and those saying to send it back “it’s for the kid” don’t know the laws from a pop tart!!! We had 50/50 year on year off with summers and vacations going to opposite parent that year and STILL had to pay 85.00 Week in support for the ENTIRE year that we had her before getting custody!! You ppl saying “give it to dad cause he’ll have the kid for a bit over the summer” should had a seat, better yet go brush up on CS laws and how they’re figured/work!!!
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In New York it is only ever has him mostly thought out year. If he has him one hour more than you. You would have to pay support. Sounds like you have him more so you don’t have to send support back. As far as the every other year income taxes. It doesn’t matter who he lives with you agreed to it and he can legally claim. He should feel lucky you did that… because you didn’t have too. You could have got support and the return. He will be crazy to go back to court. You would win support and the return if you wanted that.
Eh let it go to court.
You have to keep a room for your soon …you prbably buy his clothes for when hes at dads his school stuff etc etc…linen…all the things kids need…
Tell him to ahead and take it back to court…he has no clue what it takes to raise a child…
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He’s delusional. No. That’s not the way things work. 
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That’s not how it works. He pays. There should be a part of the court agreement that states he doesn’t have to pay when he has the child. It pays less. If it doesn’t say that then that is not on you.
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Nope its court ordered so not in the order.
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If the order says he doesn’t get anything back in the summer then he does NOT get anything back.
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No unless the court has ordered it
Absolutely not. Let him file to change the order. He won’t.
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No. Tell him if there is anything specific he needs for your boy during the summer to let you know and once you get his child support you will order it and have it sent/delivered to him
I think it’s ridiculous that he gets to claim the kid on alternating years on his taxes even though he only has physical custody of him 2 months out of the year. That’s messed up and I don’t think it’s fair that a judge can order it. I wouldn’t send any child support back to the dad at all.
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DO NOT SEND HIM ANYTHING. It does not change during the summer. My ex tried this at court and the judge laughed at him.
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Unless it’s in your divorce decree, I don’t think you do. Check with your lawyer, but I don’t think you have to pay support for visitation time. You have to maintain the home and collect school supplies for the coming school year. I wouldn’t think so. Check to be sure.
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It’s already figured that way!
Taxes if your child is with you more than 6 months out of the year you can claim child for taxes. Let him take you to court
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No he doesn’t get any child support… period… sounds like your the custodial parent so you recieve the cs every month whether he has the kid or not…also being as your the custodial parent if it doesn’t state that he claims the kid every other year on taxes then I wouldn’t allow that either… inorder to claim a child they must live and be mainly supported by u 6 month of the year and/ the majority of the year…so if him claiming the kid isn’t in ur court papers I would put a stop to that immediately
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Uh, no. Don’t send him anything.
That’s not how child support works.
The summer money is still owed to you even when the child is with dad. The days the child is with dad is already worked into the payment.
Additionally if he takes you back to court it will take a lot longer than the 9 weeks of summer to get anywhere.
He could try to modify his payments but only if there is a substantial and permanent change in living situation. Save your money for a lawyer just in case it’ll be worth it.
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No I wouldn’t as his got to claim him? And as you say you have him more?
He has no case! Don’t even stress it.
You don’t have to send it back to him
Call your local child support office and ask them. My ex wanted that too. My local office said he still has to pay child support because your the primary parent.
The reason child support is in effect is to keep up with how the child’s life was before the divorce, and pay for his necessities.You still have to maintain the home, car, and bills for your child even when he is gone for the summer. In no way are you required to send the money back, unless the court order says so. What the order would do is change the monthly amount to compensate for the two months he is gone, if there will be a change, so you have consistency. You don’t have to send anything while he is gone either, you need to pay the bills still. Don’t let him bully you.
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He’s trying to use scare tactics to do something he already knows he can’t do. Don’t listen to him he’s just blowing hot air & making empty threats. Follow your order exactly and anything else outside of it is something you have to mutually agree on.
No way… he shouldn’t even be able to claim him… that was a kindness on your part… 
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I mean technically if the child isn’t with her for this two months then no child support should be given to either parent. Child support is to ensure the child has care and essentials. Especially if he claimed their child for taxes and got the child tax credit.
Nope. Like others have said, the child support amount was factored not only on how much y’all both make but also how much dad has him. Just because child isn’t with you doesn’t mean you stop supporting him. Child support is for ANYTHING the child needs at the primary home and anything the child needs still has to be maintained when the child isn’t there. Tell him to take it to court.
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Wait… if that child lives with you then his dad should never be able to claim him no matter what the court says
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You are in the right and what he’s trying to do is comedy.
No. He shouldn’t be claiming him and you don’t need to pay him support. Laugh it off and tell him to proceed with whatever actions he wants to take. He’ll look like a dummy. 
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Do not send him a dime!
Look at it this way, if he had him weekends he would still have to pay weekly right? So add up all the time he would have have him every weekend and put it together and thats what he does. You have him straight through the year without a break, so no the two months he has him is already calculated in. Don’t pay him a penny!!
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Since your child isn’t with you during the summer you might be safer to speak to the agency that takes the child support from his pay and gives it to you. Or an attorney. Make sure you follow the letter of the law. Good luck
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Nope don’t do it and he doesn’t have a leg to stand on. My absent ex who sees his son 3-4 times a year quits jobs to stop paying, goes in the rears and when the government sent me his stimulus and tax returns he flipped and told me to do the right thing and send them back to him 
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Girl NO! The childsupport is calculated based on the year/time spent with the paretnt/ etc. then split equally for the 12 months.
1- He cannot petition for it… doesn’t matter.
2- Unless taxes are specifically mentioned in the document, the parent with the most time gets to claim the child.
3- You don’t have to agree to a damn thing.
He is blowing smoke. Do not even entertain him. Let him take it to court.
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Nope if he got the taxes this year he can supply for him in the 2mths he has him
Keep the money. And you should claim him every year.
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This is your reminder of why you divorced him. Yeah, that’s a no from you!
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don’t send him shit if it’s not in a court order tell him kids your ass and if he petition the court you petition the court to have child support raised due to the raising gas and living expenses has gone up
Nope. Your agreement would have stated that if that were the case. Tell him to take you back to court and then when he does, tell them you want full tax rights. He only gets them because you agreed to it. It’s says 6months or more for which parents claims him.
If that’s what it states in the divorce decree, then let him petition for it! NO, don’t do it on your own. That’s how it was legally set up & if HE wants it changed, let him take u back to court for it. 
He already is getting mooore than his fair share by getting to claim him every other year when he only has him 2 months out of the year - which is waaaay MORE than fair:bangbang: Tell him to whatever he’s gotta do - a judge will laugh him out of the courtroom!!
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Unless it’s in your custody agreement then no you do not have to send him a dime.
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That is not how that works. If anything, he should just be credited for the time he has your child. But sending him child support back is absurd
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and by law if the child don’t live with him at least 6 months out of the year that’s tax fraud he can not claim that child on tax credit
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Don’t do it! They garnish his checks for a reason.
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Don’t send him a penny
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No, you don’t have to pay him child support and he also shouldn’t be claiming your son either
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Tell him to petition it. If the court thought he should be keeping that money for the 2 months he’s with him in the summer, then they would have put that IN the court order. Additionally, I would bet that your child’s visitation arrangements with his Father were taken into consideration when the monthly amount was determined literally, BY the court. They’re not going to say, he pays “x amount each month except for April and May”. They take all factors into consideration, and then it’s divided into monthly payments. Tell him to petition it. I bet he’d be disappointed.
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Child support is figured not only by income but but the amount of time both of you have the child for the entire year. The payments are figured on a yearly basis and divided by 12 to come up with the monthly amount. Tell him to take you to court then request it to be raised for any child care or medical bills that have accumulated in the last year
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Do not cash checks and send them back. He wants you to do this so it looks like he paid you when in reality he didn’t. If it ends up that he does not pay for weeks he has him, make sure it goes through the court/state so it is recorded that way.
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No way, he got to claim him & he should not even got to do that!
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He’s wrong
I’m sure the extra money he gets on his return every other year it a lot compared to his child support
Did you know that you can still claim head of household even though he is actually being claimed by your husband ever other year
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He will be entitled to a child support abatement if he has the child more than 7 overnights, in most states. Most of those who pay child support do not even know that exists. There’s nothing you can do about that. Sorry, not sorry, but if he has extended visitation, he IS entitled to some HIS money back. 
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I have a family member who has two step children. The mother has them all school year and my family member and her husband (bio dad) get them the entire summer. My family member and her husband has to continue paying child support to the mother even while they have the children!!
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Generally it’s in the parenting plan if it’s to stop during summer months. He can go to court and revise it to say that but if it doesn’t already in your order there is no legal cause. I would put it to the side just in case he gets a wild hair though if you can 
Oh my, he is funny
That’s not how it works
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Child support is calculated by the amount of overnights with each parent, the custody (joint or primary), the amount of income for both parents AND it is broken up monthly for the whole year.
You don’t owe him a penny when he is with his father, unless your court order specifically states that
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If child’s not with you, then you don’t need CHILD support. Send it back. Don’t use dad as a cash cow.
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I would follow what ur lawyer says.
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Child support is to support the child, the child won’t be with you. Personally I say send it to him. It’s only 2 months and he will have the child in question not you. Child support should go to whoever currently has the child
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If you don’t have them physically for 2 months, then hell no. You don’t get anything but a break you agreed to. They are kids, not paychecks. Read your terms and understand the conditions. As for sending money back from another time… nope… Unless it’s court ordered, you don’t have to give back anything.
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It’s better to play nice and keep the peace then to disturb over money! What’s more important to you?
Child support, it’s for the child not to maintain mom’s lifestyle. You should send it back if he’s with dad. He’s your son not a paycheck.
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Ask your lawyer. I do t think it will change. You shouldn’t have agreed to let him claim. He can also use those payments to get a reduction in his taxes when he files
i mean. its the right thing to do…but u don’t t HAVE to…
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If it’s not written in the parenting plan - you aren’t obligated to send him anything.
He can not claim him on his taxes because he lives with you more then 50% of the time. Also you let him take you back to court if he wants to get his money back while he has your son. My daughter went through this with my granddaughter. You claim him and they will let you know he claim him and he will not be able to so. He’s wrong. Don’t let him bully you. 
I might not would sent him the check but would purchase tickets for my child to go to six flags, water parks, bowling, skating or something like (whatever is in their area and then maybe something dad agreed on for a little 2 day trip for them) that with his dad so I knew he was having fun and not just sitting there bored all summer. Dad can cover his part and I would purchase for my child/children if dad didn’t have the money
go to the child support office & get it handled or he will do it for you. It is fair you pay child support during the summer when you’re not even with the kid.
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Parenting plan is there for a reason. Follow it to the T and it covers your ass.
It all depends how your court papers were drawn up. No one here is truly going to know the right answer. The best thing for you to do is call your attorney you used for court.
My fiancé pays child support, we will have the kids half of the summer but she will not owe us child support for those times.
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If he wants it changed he will have to go to court in the state it was first filed. Let the courts have it, then there will be no questions. If you have to pay him support have it changed that you get to claim as dependent every year since your child is with you the majority of the time!
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When my son turned 14, got a job, and his license I actually handed the child support card over to him. This money is not for you to maintain a life style it’s for your child! My other son’s sperm donor didn’t start paying until he was 18. Guess who got the card right away? It’s helped him to have extra cash through college. Child support is for the child!!!
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It’s not rocket science? Whoever the child is with pays for the child? This is a different epoch in history. Wherever the child is at takes responsibilities of parenting. I’ve this stuff destroy children & ive seen children become very successful in life!
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Follow court order unless he gets the court to amend… That will cost him more than his teo payments
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If she gives the the money back for the two months , then I think it’s fair he spilt the child tax credit and only take two months out , cause that is was not given to us for working …
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This is really up to you guys and your lawyers but honestly. I feel like the two months he has his son would be equal to if he just consistently had his son on weekends only throughout the year. If that were the case he’d still be paying child support. I feel like the child support he’s paying is what it takes annually to support his child and he’s breaking it down monthly to pay it.
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call your lawyer to get the legal answer asking people here is just drama on your part that nobody needs.
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I applaud the women here with fair minds, you are rare and to be commended.
The rest of you are 
along with the OP
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If he wants it back, then tell him to buy all child’s school clothes, supplies, shoes, etc. Before sending him home to you. I bet that will make him change his mind real quick. Tell him everything has to be brand new,too. Send him a list of everything right down to socks and underwear. They just don’t understand. I don’t know if they think we just spend it on ourselves, but no we save up for that school trip. Or I did at least.
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Girl, it’s not for you to do your nails, it’s for your son. It goes to whoever he’s with.
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Do you have to? No.
Is it the right thing to do? Yes.
That simple.
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If he has them during the summer and there is no order for you to pay child support than no you are not responsible. My ex husband took me to court over that and lost. Just because he has visitation doesn’t mean the child expenses stop. You still have to provide a roof, utilities, food, clothing, these bills don’t stop just because of parenting time. If there is no physical order to pay him, you do not.
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Tell him if he wants to make a big fuss over the child support for two months then you can make a big fuss about him being able to file the kid on the taxes when you didn’t have to agree to that in the first place because the kid lives with you majority of the time
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Why should you keep it when the child isn’t with you? Child support is to support the child, not you.
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Follow the court order. I would call my attorney & let him know just in case. If he refiles over this make sure you clam him every year on your taxes.
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I would be more worried about keeping the lawyer on standby, because it sounds like he is getting more greedy over time. Another worry would be him trying to keep your son permanently. That’s just me,tho. You have alot of good advice in this post. Taxes every other year when you have him 90% of the year, he has enough in the courts eyes from what a judge set up.
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In my state my ex still had to pay but he had so long to file abatement papers and when he did they gave him half of it back and it was all thru the courts.
Tell him to go for it! Hell end up wasting his money on an attorney because it was already agreed to
Id tell him id see him at the petition then. This is the most ridiculous thing Ive heard. Unless it’s states specifically in the court ordered child support order do not give him anything. If it were meant to stop they wouldn’t take deductions during the summer.
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No, I wouldn’t send him the child support for the two months he will have the child. You aren’t obligated to do so.
Follow the court order. If he wants to take it back to court then he can. That will cost him more.
He claimed the child on his taxes, he got more than his fair share especially since he got to claim the child he only has two months out if the year.
Stand your ground and tell him you won’t send him the child support payments during the summer.
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Me personally I would let him have it, but that’s because child support is to support the child which father will have for the summer months. But that’s just me.
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I would have the lawyer send him the divorce decree highlighting where it addresses that in it and if it doesn’t address that particular situation then leave it up to the lawyer to address it. The military DOES NOT LOOK favorable on wayward parents. And I’m sure his commanding officer would not think highly of it.
Child support is for the child. He will have the child. Not you. You sound bitter and childish as hell.
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