Saturday, December 21, 2013

If my ex-wife signs a paper giving me my kids for six months a year do I still have to pay her child support?

Q:  we just got our divorce and now my ex-wife wants to change the visitation from me having my kids every summer to me having my kids for six months a year when I told her I would take it but would not pay her child support she said I would have to. she is willing to sign a notarized paper but I don't feel I should have to pay her still if I have them for that long and I should be able to claim them on my taxes for those six months. also she is on social services should she change that also if they are with me that long if she does not can I get in trouble for having them. in the divorce I am paying her child support but not for the summer when there with me

A:  David's Answer:  You can file a petition to reduce the child support, but generally if you have shared custody you would still need to pay some support if you earn more than her. You should first use the notarized letter to get a modified custody order, then move to modify child support. Schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

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