Legal Question in Family Law in Florida

Child Support while with non-custodial parent for 6 weeks
My husband pays support for 2 of his children. They reside in Florida with the mother. Well they are going to be with us for 6 weeks in Pennsylvania, so he still pays her child support while they are with us. Is this right. We have to pay for child care why we work and food and lodging. So I don't think he should have to pay while we have to. We pay more out when we have them for 6 weeks than we would if we did't get them. Plus we have 2 kids already living with us. Financially we won't be able to do this. What should we do? Thank you for your time.
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Asked on 6/14/04, 1:06 pm

2 Answers from Attorneys

Ilene Young Young Law Offices

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Re: Child Support while with non-custodial parent for 6 weeks

The child support guidelines in Pennsylvania contemplate that the non-custodial parent will spend time with the children, and takes this into account. When, however, the children spend 40% or more of their time during the year with payor parent, there is a presumption that that parent is entitled to a reduction in the support to reflect this additional time. The percentage is determined by "overnights". If the number of "overnights" out of the year the children spend with you exceed 40% of the total "overnights" in the year, you may be able to seek a reduction.

Ilene Young, Esquire/ Civil & Family Practice

215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

Answered on 6/23/04, 9:34 pm

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