Legal Question in Family Law in Florida

My Ex wants to prorate his child support

My ex husband wants to pro rate his child support for the month of may because he will be picking them up at the end of mya he thinks that he shouldnt have to pay for those few days that remain in may... he doesnt pay through the courts but in our divorce papers it states he pays a certain amount... Can he change the amount because he is getting them a few days before the month ends?


Asked on 5/09/07, 5:50 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: My Ex wants to prorate his child support

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No. Child support does not change just because the parent who does not have primary parental responsibility has the children for a "few days before the month ends". The rent or mortgage for the child's bedroom and living quarters as well as other fixed expenses still must be paid. Neither spouse has the right to unilaterally change the amount of child support. In fact, the only party that has the authority to alter the amount of child support is the Court by Court Order.

Scott R. Jay, Esq.

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Answered on 5/09/07, 7:48 am

Re: My Ex wants to prorate his child support

No, the support is for the child for all its needs year round. If he has the child for an extended period, he might have an argument and the judge MIGHT make an adjustment but I really doubt it. The support is for the child, not you, right?

You may want to back to court if he persists in this stand.

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Answered on 5/09/07, 8:09 am


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