Support obligation during summer visitation
During the time that my son visits me in Alabama for summer visitation, am I required to still pay support to his mother? We have no current order. PA discharged the case since I've moved here. Custodial parent is in FL, I am in Alabama. She has not filed in FL for support or custody, yet. We have a verbal agreement and I mail her a check each month. Since my son was with me, and I supported him, am I required to still pay the support for the time he was with me?
1 Answer from Attorneys
Re: Support obligation during summer visitation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.
Under Florida law, the obligation for child support does not stop while the children are visiting the non-custodial parent. Inasmuch as you state that there is not a child support order in effect, it would be a decision that you would have to make with the mother as to whether or not you will continue to pay while you have the children.
Scott R. Jay, Esq.
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