Do I have to send my ex child support when he has our son?

Tell him go ahead and petition it, wait for the judge to laugh at him.

No you don’t have to. Child support was calculated with the amount of time each of you would have him for during the entire year and then divided into a monthly amount. So technically speaking, if he didn’t want to pay those 2 months, it would have just been more the other months to compensate.

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You don’t send the child support back. Tell him to take you to court. He will be waisting his money. Q

I would either take that 2months worth of child support that HES not w/u & start saving it n an account for your son for the future or subtract that 2months from what u get throughout the yr now & u claim your son on your taxes evry yr since u have him 10months out the year. The latter sounds better & fair to me! :woman_shrugging:

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First off it’s not YOUR child support. It’s your son’s.
Secondly, the father is in the wrong. Unfortunately child support doesn’t work the way your ex husband wants it to work. That would be like a mother giving back the support to the father on any days he has the child. That’s just crazy if a non custodial parent thinks that their monthly mandated child support is enough. It’s not.

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I don’t think it will hold up in court but if he’s only asking for the two months he has him I would give it to him. Technically if for the kids expenses it’s hard with kids now a days prices are threw the roof

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He only has the child 2 months out of the year and gets to claim him on taxes every other year! I wouldn’t give him a dime! Y’all folks telling her to give it back obviously do not have children and need to get off this page :joy:

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Don’t listen to anyone saying he’s right. Your agreement is more than fair. Some women just love for men to be entitled to everything without having to do anything for it, while demanding women work for an ounce of respect. It’s sad as hell.

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Love how kids become a source of income.

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Child support is paid on a monthly basis but his calculated over a years of income. I think it’s ridiculous and I am a step mom here with 50 50 custody so I’m so neutral. Child support is to help contribute to the child’s needs but 2 out of 12 months is a small percentage. If he is only financially contributing with child support (doesn’t help out with the cost of sports, school clothes, entertainment etc) and I’m not saying “only” bevause I think he should I am just saying if that is what is already figured out in the support payments, than let him file for a hearing. I thinks it’s kind of ridiculous. It costs so much more to care for a kid than a monthly payment. It really does. Child care all of the above. Now if he was spending half the year or you were doing something out of the ordinary, than maybe… I don’t know based on the little info from the question I would say no.

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You follow an order. His support at home doesn’t end just because he’s with dad. It’s to keep the balance between houses. Unless you’re ordered to pay support (which does happen in some cases) I wouldn’t. He has him 2 months out of 12. This would be something to check in with a lawyer with. Perhaps they can explain the reasons better than I. Now if he truly thinks he couldn’t care for him those 2 months, which he should be able to. Bills and everything don’t just disappear just because he’s at dad’s house. So those saying put it on savings, what if you actually use it as a part of your income and rely on it? Some people just don’t understand. Let him petition it and see how that goes.

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If it is in your parenting plan that he has to pat all year then you do not have to pay him for the summer

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What does the court order say?

Go by what the court order states…if he wants it changed them let him petition to change it. His tax refund for the child should cover his expenses when he has the child.

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Child support has the visitations factored in and they divide by 12. Tell him to quit wasting your time and ignore that going forward. If he doesn’t like it, he can try to get it changed but no judge will make you return it to him during the summer. That is ridiculous.

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What would u do if u were made to pay support even while u had kid. The money goes with the child. Why make dad pay u even when he has kid for 2 months u want him to still pay you and pay for all his needs on top. Don’t be one of those Birth mothers who can not compromise. how would u feel if you had to do this knowing full well child support is never enough.

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The court does not see it his way. He’s not entitled to get that back from you. Me personally, I have my children’s health insurance and medical bills that I still pay when they are with their father, along with their cell phones and all sort of other things. I’d laugh if he asked for that money back because I still am their main financial support no matter what. He wouldn’t be stupid enough to do that though. I buy all their school clothes and school supplies. His child support doesn’t cover all the extras or come near what it takes to raise a child.

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We reconfigured an amount that is less monthly, over 12 months period. Instead of not paying in the summer months, it’s just a lesser amount paid over 12 months, if that makes sense. For examples sake, instead of paying $400 a month for say, 10 months, it would be $333 over 12 months.

If he’s caring for him 100% of the time for 2 months, it doesn’t seem fair that he is also paying child support. Given that the support is for the child. Then, yes, send him the money for those two months back so he can use it for your child’s expenses during those months.

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Unless it’s in a court order you don’t send him a dime…

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NO. you have him constantly. U pay a lot more than he does. If the court would have wanted it to happen they would have ordered it that way

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That’s not how it works you’re really only getting 10 months of child support but they divide it up over 12 months. You don’t have to send him anything

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Lol no that’s not how it works. the support established is monthly unless the court order tells you different

The court didnt order that so no. Dont ever do anything against the court order

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I mean legally maybe not , morally maybe lol however why is he claiming child tax on a child that’s with you I don’t get that ? Why would he need to do that ? You should claim it every year and then pay him his child maintenance back for the 2 months maybe . That’s how I would do it x

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I wouldn’t be asking on here… child support was divided by the year regardless of the 2 month… which the judge obviously considered since he goes with him for 2 months which is why it says it in your agreement… but let him go back and petition it, if it then changes then you start giving it when he goes but I wouldn’t willingly be doing it if it isn’t in the agreement because they typically divide the child support (his income) by a year…

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Nope- don’t send him
A dime.

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So many moms just thinking about money… if you have a good relationship with him maybe you guys can work something out. If there are bills that are for your child like phone and or medical tell him you need a certain amount and give him the rest. The money is for the child and he will have him for 2 months. As far as him claiming him well you should keep doing alternatives because he is financially supporting the child…

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Only honor the agreement. If he wants to change it then everyone has to go to court. Don’t let anyone take advantage of you.

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Absolutely not. If it’s not in the court order you don’t send it. Your rent doesn’t stop because your son’s not there. You still have to maintain his home to come back to.

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Tell him to petition it then. If it’s not in your order then don’t pay. End of story. He can pay to take you to court for the judge to tell him he’s wrong, that’s not on you anymore.

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40 year family law atty here. The amount of child support is calculated giving him credit for visitation days. This is a common misconception people have that the non-custodial parent gets money back. The support Is not cancelled for summer, it’s calculated considering that time. He can refer to your parenting plan. It says $$ each month. I doubt it says except summer months.

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Tell him to go back to court if he wants to change it. Normally it would be calculated that he pays a lesser amount each month over the year rather than not paying anything during those months the child is with him. He’d still be giving you the money regardless, he’d just have to pay you more every other month and nothing during those months.

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You do what you feel is best. We obviously don’t know the guy or how well your relationship/ coparenting is. You don’t need to give him child support if it’s not ordered for you to. Some thing for him to consider are: are you paying for thing for your child while he’s gone? (Medical insurance…)

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Let him petition. We had my stepson during summer and most holidays, he and his mom lived in colorado and us in Oklahoma. We still had to pay child support AND pay all his travel expenses so tell him to go ahead, no judge would make you give it back since he lives with you . He’s only visiting him, he’s not parenting the other 10 months of the year. Sounds like he’s just being petty

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As much as he wants it to work like that, that’s not how it works. Tell him to go ahead and put in a motion. Let him learn the hard way.

My ex actually filed to have all his garnishments paid back in full. The judged asked him if he needed a mental evaluation. Then I framed the motion and gave it to him for his birthday. Figured he would need the reminded for when he feels like being stupid!

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No way it is already set does it say you have to do this if not no don’t do it 60 days out of 365 that is more like weekend visits and some holiday visitation.

Maybe I’m just a different kind of person because regardless how you feel he is supporting the child the entire year and he deserves to claim the kid on taxes as well.

A LOT of people are saying child support isn’t sufficient for half of what the kid needs, that’s absolutely true! So why would I leave my kid with dad knowing he’s financially struggling, probably needing groceries and Half of dads check is in my bank account waiting for the kid? That’s just petty and hurts the kid in the long run. Why wouldn’t I want my child to continue the lifestyle that they’re used to living the rest of the year?

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Let him. It’s illegal for him to claim him. You have to have the kids at least 6 months and one day of the year to claim them. When you file they ask you this. Encourage him to take you to court. His claiming the kid will come to a legal end.

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I’d give it to him, but that’s just me. He can use it to do activities with him and buy him food.

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Do not agree. Let him petition it.

In PA, the order is based on how the custody is shared all year. All support orders assume the person without primary custody has the child at least 30% of the time. Courts don’t have the time to start & stop support orders based on the Summer schedule. I am a retired Family Law Attorney after 20 years.

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Child Support is already established. You are not supposed to send it back. You should also be the one claiming him on your taxes. You are being nice. Let him petition or try to change it. He won’t get to far. You are right Mamma.

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He can call child support on his own. You don’t give him your checks.

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No. The support is set at what it is set at. If he wants to petition for a change he can, but where I am it is set based on overnights. If they change it based on him having it 60 overnights or whatever and you having 300, he will still be on the hook all year.

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That’s not how that works. Let him try to petition. He will be disappointed.

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I mean if he’s broke and needs money for the kid then I would do it , if you know he has money and is just being petty than stand your ground . And Or offer to order tickets for an activity or something they are doing or a gift card for food or a place they are going . That way you know it’s only going to your kid

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I don’t think you should!!! What if dad gets deployed and child needs to come home early you need those funds for gas or air travel to get child back to you! You still have to pay for all school clothes, shoes and supplies etc. That is what that $ is for. It so the child would have almost the same lifestyle as if the parents were still together.

No, that’s not how it works.

Definitely not how it works. He can petition it but it doesn’t change just because he gets his set parenting time.

If you know the dad is struggling financially, why would you not want to send the two months of child support back to him so he can care for your son? Is about you or is it about your child? Maybe I’m a different kind of baby mama because I’ve always put my child’s interest first and worked towards a healthy co-parenting relationship with my kids dad. I would hope the child support given back would allow my child to have a fun summer. It’s literally only two months worth!

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Absolutely not, child support goes to the primary parent, him having him 2 months in summer is just like him having his every other weekend. And technically u don’t even have to let him claim him every other year. I know this bc it went through it. The judge said only way he could claim my son was if I allowed it and that no Jude would make someone switch back n forth

I mean if he has the child in the summer wouldn’t it make sense for him not to pay you child support when you don’t have the child? I mean, the rest of the year when you have to support the child, yes, but he has to be able to support the child you two share when he’s with him too. Maybe he can’t do that properly when he’s sending you child support payments. Idk. I would send him the money for the summer and just make that a routine thing where when he has the child you just send those two months of cs payments back to him.

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Let him go ahead and contact child support. He’s gonna get a rude awakening. As a matter of fact, he’s going to screw up being able to claim your son on his taxes because technically he shouldn’t be doing that because your son is with you more than 6 month out of the year. :woman_shrugging:t4:

Please stop asking Facebook and contact your lawyer. They would be able to tell you what you legally have to do. Everyone has their own custody agreement so yours may specify differently.

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Wellllll it depends. That money is supposed to be to take care of your child. If he’s with him all summer and his dad NEEDS the money to take care of him and have a good summer with his son, I say send it back if you don’t need it. I’m sure most don’t agree with me though :laughing:. If he doesn’t need it or he’s being petty then don’t. You could always agree to give him half back?

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He’s Nuts!!! You receive the child support not him.

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Mine pulled the same thing. You don’t have to give him anything unless you want to. I transfer the money to my sons account so he can use it while with his dad.

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If the child support is court ordered and it doesn’t say in the order that it’s reduced or cancelled during that time no. You could give him a portion or send money with your son so he has money while with his dad if there is stuff he will want or need during that time

No, follow the court order. That’s it. Don’t let him try to make you feel bad.

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Please say “April fool” 😵‍💫

No follow court order documents

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But why not. You don’t have the child in the summer. What’s the issue?

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Nope. That support goes to keeping a solid stable roof over your sons head. That bill is still due in the summer. Follow court orders and politely decline his request.

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I don’t think he is wrong, he has him for 2 months or so. Why should you get child support during those months when you don’t have him???

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I wish because in the summer we pay child support and over a grand for daycare while she is here , plus all the other activities we do !

No the support covers the home for the child. Even when he is with the father. Electric, vehicle to get child to school events church. Etc .

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No, he pays the full year. That should be in the paperwork. How freaking weird.

My ex was military…Don’t worry at all. Child support is based on the long term care and raising of the child. You do not have to send him anything!!! And Dad still has to pay even in the summer when he has the child. Mine tried that and cost him a fortune to find out. Enjoy

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If I remember correctly, when I went through this in the state of VA. the time spent with the non-custodial parent was already calculated and deducted from your child support by the judge making the overall a less amount given. (If the judge was aware that your child would be with the father for 2 months each year.) The same goes for parents who have their child every other weekend. Hope that makes sense. (The judge comes up with a yearly sum, then deducts the cost for medical insurance paid by the non custodial parent, partial child care, and days the child is with the other parent.)

Courts may disagree butttt…
It’s called child support, money sent that is meant to support the child. If he is at his dads, why do you need the money to support him? He isn’t with you to support… Don’t lessen your childs experience over the summer.

Don’t listen to the ones telling you to give it back. Child support is based off of income and visitation, so the 2 months dad has him during the summer was already taken into account when the child support was ordered. If the dad didn’t pay for the 2 months he has the child, he would need to pay more for the other 10 months, and it would even out to the same amount of money. Follow the court order. He’s lucky that he even gets to claim the child, when he only sees him for 2 months out of the year.

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That’s a big NO!!! The fact it’s being garnished from his checks he’s getting credit for sending the payment to you. He can petition it all he wants but he still wont get it.

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I would give it back … you literally should be able to pay your own bills without depending on child support or your gonna be in a pretty shitty situation when the child ages out and you no longer have those funds available. Plus it’s probably worth it to keep the co-parenting relationship peaceful

I can see both sides. However, if I were in this situation I would have to step back and ask myself “does he need this to support our child right now” “is he struggling” if the answer is yes then I would definitely send it to him. Regardless of what’s “fair” your child being cared for is top priority

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A court order for support is based on how many days a year child is with you and vice versa. You don’t have to send anything

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If the child support and placement schedule was calculated by the courts, the child support he pays already takes the days he has him into account on how much you get I believe.

Absolutely not! It’s court ordered he pays, you do not owe him anything! The court would tell him the same thing! Mine asks for half of my taxes, half of the child tax credit, tried to file him on his taxes, just tried to take me to court over insurance that he didn’t want to take it on his own child which is city ordered but instead of taking me to court like he thought he petitioned child support and lost

It’s not required but truthfully I would send money back so that my child could do some activities with their dad. The child support isn’t to support the mother! It’s for the children. If they aren’t with you for the entire month eating and doing things why are you keeping all the money

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You are not obligated to send your child support payments to him just because he has him in the summer. You’re basically being paid back for what you’ve already paid to raise your son on your own. Let him petition you, the judge will literally laugh at him.

Absolutely not! This is no different than if his time was more spread out throughout the year like most parenting plans.
Rather than spreading it out over the year, weekend’s, holidays & such, he gets his parenting time all at once.
It’s the same thing, he is required to pay you the child support no matter how he takes his parenting time! & under no circumstances should you ever be guilted into giving it back to him!
Tell him to go right ahead & try to petition it! He won’t get anywhere with it & even an attorney will tell him that he’s wrong!

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:woman_facepalming:t4: Read your court orders. It literally states everything there. After that, contact your lawyer instead of thousands of strangers on the internet.

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Nope. It’s pre calculated after of the time he has him and his income if you went through court.

NO !!! Not without a court order, and it’s doubtful any judge would award something to him. Sounds like he’s using your child as a pawn.

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You have to maintain a home for him during those 10 months. So experience with my past children i still paid.

Child support is portioned out over the year and not based on month by month. He isn’t entitled to have you send the support back for those two months. He would be wasting money and time petitioning for it.

Nope. You get to keep it. You don’t send anything back.

That’s more of an at your own discretion kind of thing. I send my ex the payments when he has them for those 2 months but that’s bc I want to make sure my kids have a good time and I know he will use it to do things with the kids, he doesn’t ask for it, I just do it sort of thing. But to demand it like that is a bit on the ridiculous side. He can go ahead and try to have the paperwork redone but the at the end of the day that’s definitely not how it works.

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Absolutely NOT and those that say I’d send it because of my child well guess what if he can’t support his child for two months then don’t take him it’s simple

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If you have a court order to do that, then yeah. Otherwise, you should not have to pay him anything.

Nope!!! Stick to what is already set in your court documents. If he wants to change it, then let him go back to court. A lot of times this will backfire on him. I was in the military and you get a raise every year, not counting promotions etc. I’m sure your husband is already BAQ, Which I would remind him that can also be calculated into child support payments. Do not let him run “the show”.

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Nope. It would be something I’d probably do if you didn’t let him claim him on his taxes every other year. Does he not realize that YOUR money also gets used to care for Y’ALL’S child???

Tell him to call the child support office and ask if he should do that since they have it set up for y’all.

He’s gonna find out. Real quick that he is out of line

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Is this an April fools joke?

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Bring the lawyer in, don’t talk to him about that. I’d tell him anything that’s not agreed to in court needs to be amended in court.

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I’d say the nice thing to do would be send it, or buy some things the kiddo would need over there and send him off with it. But also if he’s getting the taxes I feel that should be plenty to take care of him. Idk lol

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I also want to say, he had your son ask? Wtf

He’s lucky enough you gave him the child tax bc I wouldn’t have if I had him 10 months out of the year

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You’re literally being petty. If you need the money. Keep it. If you don’t need it, let him keep it and spend it on your kids. Why is that such a difficult decision to make?

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