can my ex stop child support if my son visits him for two months

Susan - posted on 09/16/2015 ( 9 moms have responded )

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i am wanting to send my son to visit with his father for two months can he stop child support in the state of texas?

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Kit Kat - posted on 09/18/2015

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Do you have a child support enforcement agency caseworker, or did you just call the general information line? Granted, I'm in Ohio so the law's are different, just like each county is different, but I just don't get how that's in the best interest of the child. Even though the child isn't living there, you have to still pay for housing that accommodates him the other 10 months out of the year.
However, to play devil's advocate for a quick second, technically the support is supposed to be going towards the care of the child and therefore if they want to order that, then why aren't they ordering you to pay him for your % his care (i.e. I'm responsible for 35% of my son's care and his father is responsible for 65% of his care based upon our income and yada yada yada.). I'm curious how it works with the agency keeping track of it. How do they know when a parent has had the child for 2 months versus just not paying support for 2 months? It's opening up the door for a giant can of worms for some jerks that could sit there and say, "no- i had him for two months." and then the other parent says no, that's not the case, and then what? An investigation? I can just see people being that stupid.
Has your child support order been reevaluated in the past 4 years? In Ohio, it's supposed to be done every 3. Depending on your county statutes, you could be due for one. Also, if either of your income has increased or decreased a certain percentage, then you could be entitled to more child support (or less). I would google your county child support laws, stipulations, etc and see what rights you have versus just calling and talking to someone. If you did call the general number, call back and see if you get a different answer. If you do get a different answer, I'd recommend asking for a caseworker (your original one from 4 years ago if possible).

Good luck to you! At least you're getting what's ordered for now. I'm not even getting that!

Jodi - posted on 09/16/2015

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Ok, so the law says if he has him for two months, he doesn't have to pay. Question answered.

Susan - posted on 09/16/2015

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child support office says he doesnt have to pay if he has him for two months thats like saying he doesnt have to pay while he has him for summer vacation

Jodi - posted on 09/16/2015

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It all comes down to your child support orders. If he is ordered to pay, then he has to pay.

Amber - posted on 09/16/2015

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Oh also, I don't know about texas, but in Oklahoma if a father stops child support he has to have some sort of proof that the child is permanently living in their home. If they don't don't have that and stop the child support, they can get their license suspended, or get a warrant put out for their arrest.

Amber - posted on 09/16/2015

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I'm sure no man WANTS to pay lol but you should let him know if he doesn't pay, he will be in contempt of court. So it would he wise of him to continue paying. You are being very generous with letting your son go stay with him for 2 months! :-)

Susan - posted on 09/16/2015

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i have custody hes been on child support for 4 yrs now but doesnt want to pay while he has him

Amber - posted on 09/16/2015

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I wouldn't think he could, as long as you have custody. Is the child support court ordered?

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