Child Support When a Child is Away from their Primary Residence

Do I Have to Pay Child Support When My Child is Away from their Primary Residence

Some families have arrangements where a minor child is not at their primary residence for extended periods of time. The reason why the child is not at their primary residence is something that would be considered when determining if child support would still need to be paid.

Child Support Orders Remain In Place Until Modified

First and foremost, if there is an order requiring child support to be paid, it must be paid. The child support order remains in place until it is modified, and it cannot be modified until a request is made. That means that if, for example, you lose your job in September but don’t file to modify your support until November of the same year, from September-November you are still required to pay the same amount of child support because the Court can only modify the child support retroactively back to the date that you ask them to.

Time Away from the Child’s Primary Residence

Generally speaking, whether or not child support is modifiable when a child is away from their primary residence largely depends on the reasons why they are away.

Temporary Absences from the Primary Residence

Temporary absences, such as going to stay with grandma and grandma for several weeks, or going to overnight camp, etc. are likely not going to impact a child support order. Children will be away from home at times and that is contemplated.

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