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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:

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