Common Law Divorce - FAQ's

If the custodial spouse leaves the children with the non-custodial spouse for an extended period of time, does the non-custodial spouse have to continue paying child support?

Until the child support order is modified, the obligation remains.  However, the non-custodial spouse may be entitled to a credit or offset against the child support for the time that the children remained in his care.  This period of time must be in excess of the court-ordered times of possession.  For example, the non-custodial parent is entitled under the order to have the child for thirty days in the summer.  With the custodial parent’s agreement, he keeps them for six months; he would be entitled to a credit or offset for the five month period in excess of the period authorized by the order.

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