QUESTION
Is there a way to reduce child support to a custodial parent that doesn't really care for the children, as the ex leaves them with the grandparents?
Asked on Aug 18th, 2015 on Child Support - Florida
More details to this question:
I live out of country due to work and visit children 28-40 nights per year (approx. 4 weeks). My ex only has the children approx. 104-120 nights per year (2 nights a week as the children stay with the grandparents). The ex is a partier. The child support calculator states we must equal 365 nights. How does this figure if both of us combined can't equal 365 nights? I pay extra child support now than what I am ordered, but ex is coming after me for more $. It will all be spent on partying so I am worried I'll have to give more when the ex isn't spending the time with the child. ??? Basically wanting to know if the ex will get credit for having the children even though the grandparents are really keeping them.
1 ANSWER
If the children spend significant amount of time (not the usual babysitting while parent is at work type) with another person and not the "custodial" parent, the child support should not be accruing for that period of time. However, there is some case law that states if the custodial parent is giving money (for the children's expenses) to the individual who has the children than the other parent might still be responsible for child support. You should definitely bring up this fact if you get the opportunity to be in front of the judge and in your responsive pleadings.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Aug 21st, 2015 at 6:20 AM