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

My judge had it adjusted. The support stopped while she was with him for more then 4weeks at a time. So every Summer basically

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You do not have to pay him a damn dime child-support is determined on the amount of time that the father has the child he even needs to still pay it when the child is with him does not mean you pay him when the child is with him it’s all calculated in the court system I would report him

Nope, friend of court calculates the overnights each parent has when calculating child support meaning he should still be paying you even in the summer when your son is with him. Send a message back and tell him this, and tell him it’s emotional abuse for him to threaten you like that just because he isn’t getting his way to make you go against court orders.

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I personally would send it for the kids as long as you can live without it for two months, but if you dont want to and its not court ordered then dont do it. I personally would just send it because its for the kids and if he’s asking for it hopefully its so he can properly take care of the kids while he has them.

Tell him child support is already based by the parenting plan time and is split into monthly payments for the yearly amount into months so it’s already calculated he just lays monthly and you are t sending it and if he wants to petition the court he’s the one that will look stupid and waste money on court fees.

Why should he pay support while he has the child :thinking:

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Tell him ok, but from now on you get to claim kiddo on taxes every year going forward since you have him the majority of time. Tax laws override divorce decrees, so i’d guess the same for custody agreements. He wants to be petty, let him (and lose way more).

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Let him petition it bc it won’t change anything bc of the way he moves it could change the amount but not you receiving it for only that short period of time that he is with his dad. And I definitely not pay him while he has his child - he chose not to be there full time whereas you as the mother are there for everything from schooling to medical and all that goes with your child he isn’t.

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You claim you have your child most of the year, and your ex DOES pay child support. So using that is invalid. People always hear one side of the story. If you have that in writing, I don’t know laws in America, then I guess you don’t have to agree to it. It’s his right, though, to petition his rights. Can’t get upset if he does and win that petition

I can see both sides your side claiming it isn’t fair bc he got to file them on his taxes this year and then want the additional two months child support bc they want be with you but there with you the rest of the year

And his side bc the money he’s paying is for his children and they want be with you so he wants it so he can use it for them bc that’s why he pays you “child support” and he’s going to have to pay you and then pay for his kids again

Maybe try to come to an agreement maybe the years he doesn’t get to file them on taxes give him the two months child support …

But one thing I don’t understand is why did your lawyer put if he moves out of state child support want change during the summer…he’s in the military …there always having to move …

Keep it simple and stick to the agreement.

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Umm… I’d take him back to court if he wanted to do that… and I’d petition the court to receive the child tax credit every year since I had the child for 10 months out of the year… and sure … I’d have it written into the decree that if he was going to keep the child for a period of 4 weeks consecutively (30-31 days) that I would send him support check upon receipt of it at the first of the month which is typically when you get it… (as that’s when DFAS cuts checks for the military… the 1st & the 15th of the month…but child support is typically paid the first of each month…) but if that’s how he wants to play you… there is no reason at all that he should be receiving the child tax credit for a child that he he is not taking care of 100% of the time… and if you have that child 10 months out of the year… he’s not taking care of that child 100% of the time… two months out of the year & child support does not make up for everything you go through as a single working mother… it just doesn’t!!

I’m prior service military(18.5 years)… divorced from a service member… with whom I had a child… so trust that I know what I’m talking about…

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2 words. Child. Support. Do you support him while hes there? I mean if he is supporting him for the summer I don’t see why he needs to pay twice… … Just sayin

The fact that you said “MY child support” says it all here. It is called child support and not baby mama support for a reason. It is for the child and not the mother. What costs are you paying for related to that child in the 2 months you don’t have him? Wouldn’t your child benefit from that money there? So he claimed the child and got child tax credits, big deal, you do the same every other year. Again, the money is for the child. It blows my mind how possessive some of you are over money. Do what’s right for your CHILD. Ooof.

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Nope, nope nope!!!
If you lived close and he had him ever other weekend, it’d be the same difference!!!
You provide a home, clothes etc…. The courts set it up that way for a reason!!!

DO NOT SEND HIM ANY MONEY

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I’m curious why he’s claiming him on his taxes if he’s only there 2 months out of the year?

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When my hubby did this we told the courts we had the child for the summers and Christmas breaks along with other weeks which added up to 3 months of the year. They did not decrease our payments and we still had to pay in the summer.

Let him have the two months, but claim him on your taxes yearly. Seems fair to me.

Probably stays the same

Sounds like he’s got a new female in his life, chirping in his ear. That’s usually when the drama like this starts. Stick to the court order agreement, end of story.

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Nope, let him petition. He had to abide by the court order, period!!!

Logically speaking. Child support is paid to the receiving parent to make the financial side of things equal at both houses. So no, you don’t have to send him anything. Regardless if he petitions it’s only gonna cause him more harm since they would likely change to you claiming every year and he pays child support all 12 months.

If he is paying through the courts that’s a big no-no that could fall back on you.

Stick to your judgement from the court. Let him motion to have things changed but i doubt they will. Good luck.

Nope you should be getting the stimulus checks and claim him on you’re taxes

No, it stays the exact same

Yeah do not if you’re kid is with you minority of the time.
I’d tell his dad if you want to let’s go to court and see what we can do bet he stops asking.

No, does that two months add up to the same number of days he’d have him they the year of he had him every other weekend ? Pluse some throw every Wed in there too. And they don’t get paid for that.

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No . The payments were calculated based on your custody agreement . They knew this was in the plan , you still have to maintain the primary home , pay on many more things during the school year .
You should not mess with what the court sets up . It will get you in a bind . Trust the process .

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He can want in one hand and shit in the other and see which fills up first

No. let him petition it. It’ll get thrown out.

No, child support is already calculated based on the time he has including the summers.

Well if he has him you should give it back while he has him.

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If you live in Florida, you would be!

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Do not send them back. You still have to maintain a home for your son for the 2 months he is gone.

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Well if you do not have the child for those months why do YOU need child support?? Unless you are using it to live. Which isn’t what it’s for. I am a person who receives child support and pays to my husband’s ex. It is your job to maintain your home for you. Not your exs job to support you so you don’t have to. :woman_shrugging: sounds harsh I know but it’s the truth.

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I understand him not wanting to pay child support for the summer while he has the child in the summer 100% of the time but I also see where you’re coming from as well. I think it’d be best to send those payments back those 2 months but at the end of the day it really depends on what you’re comfortable with and what a lawyer says

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Nope. You go by what the courts specified and your parenting plan.

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It costs way more than the amount you get to raise a child. Don’t send him a dime

You both have figured how to live on the ordered support and income earnings, maybe try to see if he would take what you spend on your son for food and little extra for activities/childcare? But no, you still have to pay all the same bills for the home you provide for your son, regardless of whether he is there for those two months or not. Id try to discuss that with the dad in writing/text or some way that you have proof if he does petition. The judge will see that you tried to cooperate :woman_shrugging:t4:

Do not listen to anyone telling you to do anything other than what your parenting plan says to do!

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Child support is based on Overnights with each party. He would pay more in the months you have the child and not pay in the summer if that’s how they set it up. But those payments are based on the times that he has him.

Um duh, you answered your own question. Its written in black and white. No change.

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Tell him to bring it up to the court​:rofl::rofl::rofl: guy has some nerve for sure lol

Yeah, no. That’s not how that works. Tell him to go ahead and petition. Judge will laugh him out of the court

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“Please refer to the court documents regarding child support”

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Unless your court order says to do that then you don’t have to and shouldn’t.

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Nope! He can use that child tax credit he claimed to financially support your son for 2 months.

Child support is based on the number of days your ex has the child. If him spending time in the summer is part of the parenting plan, then you don’t owe him anything because that is included what he has to pay you each month.

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Tell him you’re sticking to the parenting plan! He’s welcome to take it to court. (A judge will not side with him!)

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These child custody and child support laws have been in place for at least 30+ years. The courts/lawyers/law makers have been dealing with these laws and issues since. If there were major problems it would have been addressed and “fixed”.
With the exception of split custody (usually having amended support payments) and “special” arrangements agreed upon by both parties, the child support hasn’t changed. The law makers knew why child support needed to continued when the child is with the non-custodial parent and haven’t made changes. I think what some of y’all may be missing is this : when a non-custodial parent lives far enough away from the child that normal visitation (schedule A in Alabama) is a hardship (having a kid fly every other weekend for example) they are allowed a couple months in the summer plus some longer holiday breaks and do not get the weekends. The non-custodial parent has to pay child support and gets visitation (although these two issues are separate according to the laws). What most of these comments seem to be missing is the fact that the non-custodial parent is getting all their visitation at once. Why should they pay child support when they have them for the whole month? Because if they had every other weekend, alternate holidays and normal summer visitation they would be paying child support! If every non-custodial parent could get out of a child support payment by lumping all the visitation into one “visit” it would eventually destroy child support altogether.

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Lol nope he can be a responsible adult and take care of his kiddo during the summer with the money he claimed.

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Hell no. That is not how that works. You are the custodial parent, even when he is visiting his father. You owe him nothing.

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You should be sending child support for those 2 summer months.

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Refer to your documents from the court.

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Yeah definitely not. Especially if there is already a court order staying that the child support wont change if he moves

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This should be handled in court it doesn’t make sense. With my situation, my ex pays me support… I have our kids full time he gets our youngest every other weekend or really when my son wants to go. I don’t put a limit on it I always say if you wanna go I don’t mind but if it comes down to him thinking he’ll pay less having him more weekends then no.:: every other weekend and whatever he wants to do in summer. Our youngest is 13 now the other 2 adults he doesn’t have to pay for anymore. I don’t know how it works with having them whole summer but I would assume if child stays with dad whole summer he wouldn’t be paying while he has him… I mean that would be fair I guess.

Also… no way in hell should you be taking turns claiming him in taxes if you have him full time! If you did allow that then nope wouldn’t give him a dime during the summer I’d tell him to save up his child tax credit for the summer. :woman_shrugging:t2:

Why wouldn’t you want that money going to the parent who has the kid all summer? He pays all year while you have the kid, why wouldn’t it be the same deal come summer? Isn’t the money to be used on the kid or bills for the kid?

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Let him petition it he is no supposed to get support for his visits

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I think it’s completely fair. The courts will likely not enforce it. However I think you should. The child support is for the child, not you. If he has the child and you don’t, you should send it back. 100% siding with dad.

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stand your ground!
don’t send him nothing!

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Siding with the dad. If you are taking child support while you don’t have the child, then you are likely using it for your self. That money for the raising of the child. There is a difference between Alimony and child support.

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That child tax credit was that back pay child support for those 2 months . Better use it wisely . At the end of the day you still responsible for your half of taking care of the child. That don’t stop no matter which parent they with. You making sure they have what they need AT ALL TIMES!!

It should have been laid out in the support order. My son gets SSDI from my ex, and even though it doesn’t say I have to send it to him, I do. That’s for the care of our son. I keep the normal amount that I put in his savings account, though. The rest I send to his Dad for those 2 months.

ETA I do understand that SSDI is separate; his father does not pay child support.

Go by what your divorce decree says. I wouldn’t send him a thing . Let him go back to court. When he does, ask for an increase in your child support due to cost of living g increases.

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I’m positive the amount she gets the 10 months she has him and dad doesn’t does not cover have the child’s expenses. Child support isn’t a monthly allowance toward the child! It’s money to help pay for the child’s basic needs throughout its 18 years of life! If the paperwork doesn’t say it then you have no obligation to do it! The courts know he has him during the summer. If they felt it should be stopped at that time then they would stop it.

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I get where he’s coming from but the courts won’t do anything. It’s just 2 months of payment and your son is there why not send it…

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This is crazy how can he think about money?

Take it up with the courts especially if it’s already in writing. If his income is more than yours you probably won’t have to. My son went to live with his dad but due to my income he still had to pay me child support. I only had my son every other weekend but I have our other 2 full time. My oldest had alot of threatening behavior and I couldn’t control him. Therapy wasn’t even helping. Everyone case is different. Also I wouldn’t let him claim for taxes but thats just me.

Why take turns claiming when he doesn’t live with dad half the yr whichever is a requirement for claiming kids

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Do not send it to him!!

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Haha no he has lost his mine.
I have a child that lies with me during the school year and he gets him from the Sunday school let’s out for summer tell the first Sunday of August.
I claim my son every year and I get child support monthly. All of this was court ordered.
The cs you receive during the summer is still funds that you have had to spend on child while child is still in the picture.
Also has to go in half on all things school related. Clothes, supplies, sports.

Whomever has the child 60% of the time or more is the parent awarded the child support

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NOOO!! The child support still needs to pay ur sons portion of rent, his clothes, etc. so he has a home to come back too

what the court means by “claiming him” is in reguard to taxes NOT child support. You receive support because you are the one who he lives with the majority of the time and in most states that called the custodial parent even though you may have joint custody. You will NOT be required to pay him support for the period that he has them. If you have questions contact your Attorney generals office and they will answer any questions you may have. Good Luck and enjoy the summer break by doing something for yourself. You deserve it!

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It’s not YOUR child support, it’s your SON’S child support… legally I don’t believe you have to give it back to dad, but maybe compromise and give half? Why do YOU need it when you’re son isn’t with you?

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Pfft hold your ground they’re not going to change it.

It’s only after the father has the child more than thirty days and then starting after that BUT since you have it in WRITING you have nothing to worry about. Just ignore him.

Thinking the child support receiving parent shouldn’t get $$ during time without the child is a fairly common misconception. Child support is calculated on the entire length of time each parent has the kid throughout a year, and the parent incomes. It is supposed to be all year long. He can ask them to recalculate, but often it doesn’t change anything unless there is a big change in the court ordered parenting plan or if a parent’s income is drastically changed. Either way, the receiving parent will get checks every month.

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It doesn’t work that way at all… however maybe let him have part of it to do something fun with him?

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I think you should send it. You asked for opinion and this is mine.

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No it’s for your son. And I’m sure the courts are not going to agree with him.

Unless it is in court papers in writing that you pay him support in the summer months that he has him you don’t have to send him nothing by law

… why would you alternate who claims the benefit ? He’s with him for two months of 12… he doesn’t live with him, he shouldn’t be claiming him. I wouldn’t send it back unless a court orders you to

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Yes … BUT, come tax time you have your son the majority of the year so you are the one who gets to claim him on taxes From experience I will say this - your ex may also claim him o his taxes (a lie) but if the IRS ever checks up on your two it will be him that is in BIG trouble.

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Let him try but it’ll be a waste of time. Not how it works lol

I would definitely have the tax thing changed. There’s no reason he should get it ever unless he has the child the majority of the year. Period.

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He has him those 2 months, not you.
He is giving you money to support the child who is not in your home for two months.
He should not have to provide the support to you, when it could & should be spent on his son… while he is with his dad.
Especially with Dad being military.

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No you don’t as child support is already calculated based on your parent plan.

Is that what he told you? :joy: No.

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I think you should send back to him during the months he has him it’s only fair because the money is to be used for the care of your child

Tell him for those two months, you will put the money in a savings account for your son when he is older, for college or whatever.

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Tell him to get a lawyer and see if he can get it adjusted legally if he thinks that’s within his rights. Cause there’s a fat fucking chance… lol

Um… isn’t that a court order? Yea… he can take you back to court to change child support. Follow your court order

Girl if the court order literally says the child support doesn’t change one the summer then ignore him. The petty in me says to see if you can change the tax arrangement as he should get anything for taking care of his son 2 months out of 12 smh :woman_facepalming:t4:

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Tell him next year since he claimed him this year. Tell him you won’t alternate taxes you’ll just claim him every year if he wants to make a big deal. I think thats fair since you have him most of the time.

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I mean, why would he need to pay CHILD support to you for three months when you don’t have his CHILD? You literally just admitted you don’t even use it for the kid anyway. You have a job, probably. So yea. He takes care of the kid all summer, all you’re doing is essentially taking away from your child during summer. I hate child support arguments. You can always tell who ain’t it.

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Dont do it! Even its in your plan that he pays then thats that…

I’m not even looking at other responses:

You should not have to changed who claims him as it should always be who has custody of him for the majority of the year. To switch is ridiculous.

Child support is just that, support for raising the CHILD. Not YOUR money. If he’s just asking you to send him back what gets taken off his check those two months then do it! Your getting a deal not paying child support to him out of YOUR pocket.

Don’t be petty.

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Child support is calculated yearly, and broke down in to payments.

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