Does my husband have to pay child support to the mother if the daughter is not with the mother?

The divorce decree just says monthly, it states nothing about when the child is not with her, kind of a really big grey area here. We have been paying child support to the mother for the past three summers and the daughter was with us. We pay for the transportation, clothing and every other expense. One year we paid the mother two month of CS and when the daughter return wanting to play soccer the mother could not afford it and requested for more money.

Asked on January 23, 2013 under Family Law, Kansas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The child support obligation continues even when the child is away for a period of visitation.  So, yes, your husband does have to continue to pay child support when his daughter is not with her mother.  If he does not want to pay child support during this time period, he would have to go back to court to have the final order modified to suspend payments during that time frame.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

These were issues that should have been discussed when the custody and support agreement was entered in to.  What you are going to have to do now is to go back to court to modify the agreement.  Consult an attorney in your area.  Support is usually based upon a pro rated share of income under state law percentages (in New York 17% for one child).  But how :support" is defined under case law matter.  Arguably it goes to shelter, etc. even when the child is not there.  But there seems to be other issues here such as that it should also go to things like soccer.  Good luck.


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