Support when Child is away "working"

[GinAA]

What is the name of your state (only U.S. law)? IN

There is an arguement about my support for the month of July. My son is away at camp, but he is "working" the camp for the rest of the month of July. His shelter (Tent) and food are provided. He is being paid ($90 per week). He comes home every Saturday and leaves again on Sunday morning.

The argument is that since he is not in my home and I am providing nothing for him for the entire month, the child support should be reduced for the month of July. It's an absurd argument but I am curious if anyone has ever heard of this situation and if a court case has ever been made in favor of reducing support for such a reason. I have not been able to find anything close to this situation.

Note: I am owed $23K in arrears so if anything, it could be applied to that, if it was to go to court. Also, my EX is now out of the country so no court action could be taken presently. Just wondering if I should hold out a month of support if he decides to file something when he returns.

Thanks all!

 

[Zigner]

I wouldn't worry until he returns.

 

[Silverplum]

I don't know about IN -- perhaps PM LdiJ about their legal quirks?

But generally, it's a ridiculous argument, full of holes. Your expenses for the child barely go down: you still have to maintain the home for him, at the very least. And the child's earnings are his own, not to be computed into the child support calculation.

I'd be concerned that he might withhold the CS and you might end up short: maybe tighten the budget till you're sure he's sending it.

But as far as losing the legal argument? Short of some weird and ugly IN loophole -- for which I will hold LdiJ responsible -- you have no worries.

 

[mistoffolees]

I don't know about IN -- perhaps PM LdiJ about their legal quirks?

But generally, it's a ridiculous argument, full of holes. Your expenses for the child barely go down: you still have to maintain the home for him, at the very least. And the child's earnings are his own, not to be computed into the child support calculation.

I'd be concerned that he might withhold the CS and you might end up short: maybe tighten the budget till you're sure he's sending it.

But as far as losing the legal argument? Short of some weird and ugly IN loophole -- for which I will hold LdiJ responsible -- you have no worries.

Not to mention, of course, that if nothing has been filed yet, it will be moot by the time they get to a hearing.

 

[LdiJ]

I don't know about IN -- perhaps PM LdiJ about their legal quirks?

But generally, it's a ridiculous argument, full of holes. Your expenses for the child barely go down: you still have to maintain the home for him, at the very least. And the child's earnings are his own, not to be computed into the child support calculation.

I'd be concerned that he might withhold the CS and you might end up short: maybe tighten the budget till you're sure he's sending it.

But as far as losing the legal argument? Short of some weird and ugly IN loophole -- for which I will hold LdiJ responsible -- you have no worries.

There USED to be a loophole in IN. It used to be that there was a 50% abatement for time that the child did not spend in the custodial parent's home. However, that abatement went away a good 8-10 years ago when the Indiana child support guidelines were re-done.

So, no loophole...and you need to take the obligee to court for contempt if they do not pay the child support in full.

 

[CJane]

However, that abatement went away a good 8-10 years ago when the Indiana child support guidelines were re-done.

Wow. You narrowly escaped being held personally responsible by SP! You should send the powers that be a thank you note, right now!

 

[LdiJ]

Wow. You narrowly escaped being held personally responsible by SP! You should send the powers that be a thank you note, right now!

I absolutely lucked out.

 

[Silverplum]

I absolutely lucked out.

 

[GinAA]

No Worries

The child support is paid through a court ordered withholding from his check. The military is VERY good at making sure dependents are taken care of first. He would not be able to withhold the payment himself but he may argue later that he should be reimbursed for that month. After all the comments, I doubt anything will come of it.

Thanks all. Doing a great job here!

Saves me the $35 is would cost to have my lawyer answer an email from me on the subject.

 

[TinkerBelleLuvr]

Costs are averaged out ... the rent/ house payment has to be made whether the child is there or not. Same for all the other utilities. I'm sure you spent NOTHING so that kiddo could go to camp. The child will be naked when he goes to school. He'll go with nothing to the first day of school. Really - he isn't going to go very far with that argument. Oh, BTW, that was sarcasm on my part.

 

[GinAA]

Costs are averaged out ... the rent/ house payment has to be made whether the child is there or not. Same for all the other utilities. I'm sure you spent NOTHING so that kiddo could go to camp. The child will be naked when he goes to school. He'll go with nothing to the first day of school. Really - he isn't going to go very far with that argument. Oh, BTW, that was sarcasm on my part.

Ah, so true. I did have to buy a few things for him to "work" the camp. The EX's wife has already asked for the receipts so she can pay me back 1/2 of those expenses. I told her I would keep track and send a spreadsheet to my EX every few months but don't expect any money until he returns. I really track all extra expenses for our son and it does add up after a while. Now that he is older, it's really starting to add up.