ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Child Support

Is child support paid while the child is with the noncustodial parent for summer vacation or long breaks?

In most cases, yes. Courts figure that many major expenses for the benefit of the child--such as rent, mortgage, utilities, clothes, and insurance--have to be paid whether the child is with the custodial parent or not. So, usually, a full support payment is due. On the other hand, the parties--with the court's approval--may agree on payments in different amounts during vacation periods when the child is with the noncustodial parent. The lower amount for vacation periods with the noncustodial parent might reflect savings to the custodial parent for food expenses or childcare.