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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 99949
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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If my children have went to their dads for 3 weeks this

Customer Question

If my children have went to their dads for 3 weeks this summer, does he still have to pay child support? He lives 9 hours away, we meet halfway and they go for for all of their school holidays and can they can stay with their dad for the entire summer but he could only have them for 3 weeks due to his work.
Submitted: 11 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 11 months ago.

Thank you for your question.

Are you saying that he is suggesting that for that month he does not pay support?

Customer: replied 11 months ago.
It is court ordered child support is $1652 a month, economy is terrible so we agreed to lower cs to $985 a month. I pick the kids up 2 days ago and our 15 year old handed me a sealed envelope that had 2 cs cheques enclosed. Also included was a note that said:
$985/31 days = 31.77
31.77 x 23 days = 730.71
$985 - 730.71 = $254.29
This was the amount of child support he is paying.
Expert:  Legal Ease replied 11 months ago.

This is completely incorrect.

When the tables for support were worked out it was considered that the children would be with the support payor for weekends, mid-week, holidays during the year and part of the summer.

In fact, even if the father has the kids for 40% of the year you still get full child support.

So he most assuredly cannot reduce the amount because he had the children for three weeks.

Does that answer your question?

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Expert:  Legal Ease replied 11 months ago.

Is there anything more I can help you with at this point in time?

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