Question asked on Jun 17th, 2015
Q: My Ex wants me to pay child support while my child visits during the set summer visit. I have allowed even an extra week for them to even have more time together. I thought the child support was to augment the child’s care for the year. We divorced through NV though we are military and no longer live in that state. Please advise.
A: Short version — unless your Decree says otherwise — no, it doesn’t. Consider this holding from the Nevada Supreme Court:
Anastassatos v. Anastassatos, 112 Nev. 317, 913 P.2d 652 (1996):
CHILD SUPPORT, Abatement for Summer Visitation
One of the issues not properly before the lower court was the Father’s request (and the lower court’s order) for abatement of child support during the Father’s summer visitation. While acknowledging that any discussion was unnecessary (given reversal for not being properly before the district court), the Supreme Court took “this opportunity to reiterate this court’s position on the issue.”
Citing Barbagallo v. Barbagallo, 105 Nev. 546, 552, 779 P.2d 532, 536 (1989), the Court reiterated that the primary custodian’s “fixed expenses” do not necessarily decrease when the children are visiting the other parent, and that the district court abused its discretion by abating child support during the summer visitation, finding that abatement not “adequately supported.”
So unless your court order says something different, no chid support remains in place as ordered throughout visitation with the non-custodial parent.
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