Summer vacation

[James Thomas]

Jurisdiction

New York

My ex wife currently has full custody, I take my son and daughter every other weekend, school vacations and now she asked me to take them all summer.
I pay almost $1000 a month in child support and I'm struggling financially. While having them for the summer, I was wondering what my rights were to ask for a partial amount of the child support for the time they're with me. I understand she still has to keep her home and bills paid for when they return, but was wondering if there is a percentage I could receive while I have them? She knows I'm struggling financially and if I brought this up to her I'm sure she would oblige. I just wanted some advice before doing so.
Thank you.

 

[justblue]

My ex wife currently has full custody, I take my son and daughter every other weekend, school vacations and now she asked me to take them all summer.
I pay almost $1000 a month in child support and I'm struggling financially. While having them for the summer, I was wondering what my rights were to ask for a partial amount of the child support for the time they're with me. I understand she still has to keep her home and bills paid for when they return, but was wondering if there is a percentage I could receive while I have them? She knows I'm struggling financially and if I brought this up to her I'm sure she would oblige. I just wanted some advice before doing so.
Thank you.

The time you have with the child/ren is calculated into your support order. Your ex is, of course, free to give you some of the support $$ back if she choses to.

 

[Zigner]

I was wondering what my rights were to ask for a partial amount of the child support for the time they're with me.

It's a free country - you're allowed to ask for anything you want.

She knows I'm struggling financially and if I brought this up to her I'm sure she would oblige. I just wanted some advice before doing so.
Thank you.

If you are sure that she would agree, then what are you concerned about?

 

[zddoodah]

While having them for the summer, I was wondering what my rights were to ask for a partial amount of the child support for the time they're with me.

Your "rights . . . to ask"? You have the right to ask anyone anything you want.

was wondering if there is a percentage I could receive while I have them?

There is no fixed percentage. In the fist instance, it's completely subject to negotiation between you and the mother. If you can't come to an agreement, then you'll have to ask the court to decide the issue. If you and the mother do reach an agreement, make sure you document the agreement in a signed, written agreement.

Your ex is, of course, free to give you some of the support $$ back if she choses to.

I could not agree more with what I think is implied here -- i.e., that, rather than you not paying the full amount of the ordered support, the best way to handle this would be for you to pay the full amount and the mother to give you some portion back. That way you have written evidence that you've paid in compliance with the existing support order.

 

[Zigner]

I could not agree more with what I think is implied here -- i.e., that, rather than you not paying the full amount of the ordered support, the best way to handle this would be for you to pay the full amount and the mother to give you some portion back. That way you have written evidence that you've paid in compliance with the existing support order.

YES...this!

 

[justblue]

Your "rights . . . to ask"? You have the right to ask anyone anything you want.



There is no fixed percentage. In the fist instance, it's completely subject to negotiation between you and the mother. If you can't come to an agreement, then you'll have to ask the court to decide the issue. If you and the mother do reach an agreement, make sure you document the agreement in a signed, written agreement.



I could not agree more with what I think is implied here -- i.e., that, rather than you not paying the full amount of the ordered support, the best way to handle this would be for you to pay the full amount and the mother to give you some portion back. That way you have written evidence that you've paid in compliance with the existing support order.

You inferred correctly what I was implying.

 

[leslie82]

My ex wife currently has full custody, I take my son and daughter every other weekend, school vacations and now she asked me to take them all summer.
I pay almost $1000 a month in child support and I'm struggling financially. While having them for the summer, I was wondering what my rights were to ask for a partial amount of the child support for the time they're with me. I understand she still has to keep her home and bills paid for when they return, but was wondering if there is a percentage I could receive while I have them? She knows I'm struggling financially and if I brought this up to her I'm sure she would oblige. I just wanted some advice before doing so.
Thank you.

Unless you can somehow get your support order modified before you have them, it's not happening by court order. If your wife wants to send back the money you pay for support while they are with you - that's on her. She doesn't have to though. And you can't make her.