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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5358
Experience:  Dip Law LPAB - Sydney based lawyer
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I would like to ask a question regarding child support. My

Customer Question

Good morning. My name is***** would like to ask a question regarding child support. My husband and I have been paying child support for his daughter. We are not going through the child support agency. There is a verbal agreement between my husband and his ex-wife. There is no contract signed on the verbal agreement either. His daughter has been accepted in to a exchange student program in which she will be away for 9 weeks. We have been told by the ex wife to pay for this which we are doing and paying monthly child support as well. Repay $1070.00 monthly and this program is $3500.00. My question is DO WE HAVE TO PAY CHILD SUPPORT WHILE HIS DAUGHTER IS AWAY FOR 9 WEEKS.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Patrick H. replied 3 months ago.

Hello and thank you for your question.

The obligation to pay child support is based on the relative time in which the child is in the care of each parent, but this is not affected by periods where the child is away from home for holidays, courses, etc, unless the child can be said to be living elsewhere on a permanent basis.

Keep in mind that child support is not just for day to day expenses which may disappear when the child is away, it is also applied for more fixed costs, such as accomodation costs, which continue whether the child is away or not, so it would not be reasonable for child support to simply cease when a child is away.

So in this case the answer is that her going on nine week course does not affect the obligation to pay child support.

However, there is no absolute obligation to pay for her course in addition to child support, so it would not be unreasonable to negotiate reduced payment of the course costs on the basis that the mother of the child should be applying some of the child support toward the course, and will otherwise benefit from the child's absence.

I trust this assists.

Good luck and please rate my answer.

Patrick

Customer: replied 3 months ago.
Thank you for your response.
Expert:  Patrick H. replied 3 months ago.

You are welcome.

Please rate my answer using the rating system on the Just Answer website.

Patrick