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Summer Vacations with Your Children: Do You Need to Pay Child Support?

Posted on in Child Support

California divorce lawyer, California family law attorneyThe school year is coming to a close, which means for many families with a child visitation schedule, housing situations swap. If you are the non-custodial parent who makes regular child support payments, you may have custody during the summer months. This alteration from the normal schedule raises questions about the continued payment of your responsibilities. If your child is with you for a month or more, are you still obligated to make a payment to the other parent?

Modification Options

As much as we may wish that we can alter payment schedules on a whim, this is not possible without court approval. When you set the payment arrangements, the decision became a court order which is unmodifiable, except through the court. To make a change, you must show proof to a judge that there is a significant change in circumstances requiring the change. Unfortunately, vacation and the predetermined visitation arrangements do not typically constitute a substantial change of circumstances. Instances that may qualify include:

  • Income fluctuation,
  • Job loss,
  • Incarceration,
  • Ongoing changes to custody and visitation, and
  • Child necessities.

Lump Sum or Payments

Another reason the request to put a hold on child support payment while the child is living with you is because the ordered amount is standardized across the board. The set amount to pay is typically calculated annually and divided up into 12 equal payments, rather than one lump sum. If you miss a payment, everything owed previously is required. Another reason for this requirement is because of the mandatory wage garnishments or wage assignments.

Mediation May Be a Solution

Although one spouse cannot just make an adjustment because they are going on vacation on their own volition, if you and your spouse are in agreement that a payment is not necessary during the time the child is staying with the non-custodial parent, a judge may sign off on it. If the requests are reasonable and agreed upon before missing a payment, the courts are usually understanding. If you would like to discuss your options with a proven and compassionate San Jose, CA child support attorney, contact the Law Offices of Benita Ventresca today. With more than 35 years of experience with local families just like you, Attorney Benita Ventresca can offer legal avenues to alleviate your legal issue. Call today at 408-395-8822 for your free initial consultation.

 

Sources:

http://www.courts.ca.gov/1196.htm

http://www.courts.ca.gov/1197.htm

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