Legal Question in Family Law in Maine

Re: Child Support

It depends on the visitation schedule in place. The Parental Rights and Responsibilities Order should set forth the visitation schedule. Generally speaking, under Maine law, child support is paid even when the child is visiting with the non-custodial parent for an extended time - to an extent.

The child support obligation calculated by Maine statute does take into account that a certain percentage of visitation will occur over the course of the year. However, if there will be extended visitation more than an every-other-weekend and school vacation schedule, it is possible to seek what is called a downward deviation in child support. In effect, the child support would not cease, but the weekly payment could be reduced in recognition of the extended time the child is spending with your boyfriend.

Your boyfriend could work out an arrangement with his daughter's mother, but unless he has the child support reduced through the court, he runs the risk that she could later go back on her word and collect the support that he did not pay. "Side deals" regarding child support are not accepted by the court; to fully protect himself, he would need to have his child support order modified.

If he would like to discuss this with me further, please do not hesitate to contact me.