Legal Question in Family Law in Florida
Support still being paid out for three months when the kids are with us.
My husband and I live in NC and his ex-wife and two young boys live in Flo., although the custody order says we are to have them for three weeks out of the summer, we have had them for three months every summer for six years. Is there any way that we can suspend or reduce support for at least the two extra months that we have them?
2 Answers from Attorneys
Re: Support still being paid out for three months when the kids are with us.
If the Final Judgment of Dissolution of Marriage does not address a reduction of support during extended summer, or other, visitation periods then chances are that you will have to file a Petition to Modify in the Florida court. Note that your husband's ex may respond with a Counter-Petition requesting an increase in monthly child support. You should consult with an attorney who can give you an opinion based on all of the facts and circumstances.
Re: Support still being paid out for three months when the kids are with us.
Such relief for periods during which the non-residential parent has the children should be included in the court order. If it is not, your husband must get consent from the ex re the support or could petition the court to modify the order based on changed circumstances, i.e., he has the children for a much longer vacation period than included in the order. If he pays through the Clerk's office, the court order must be changed in order to reduce the support. If the ex would agree, it could be done without court hearing.