Child support payments

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Anonymous Mar 24, 2015 Bankruptcy and Debt 10 views 2 answers

According to child support court documents, we (non-custodial) parents have my stepdaughter 35% of the time and her mom (custodial) has her 65%. HOWEVER, in the court documents we take her week on-week off during the summer aka 50% of the summer. I haven't read the court papers line-by-line but we have been paying th same amount during the summer even though we have my SD 1/2 the summer. Does this sound right?

Attorney Answers

Melissa Brianne BuchmanFamily Law AttorneyBeverly Hills, CA

Melissa Brianne BuchmanFamily Law AttorneyBeverly Hills, CA · Jun 15, 2026

The 35% should be the custodial percentage over the course of the year. In other words, if you are following a 50-50 timeshare during the summer, then during the school year, you are probably following something where you are exercising approximately 25% custody. The average of your school year and summer custody should be 35%.

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Douglas Sean PinkhamDivorce / Separation LawyerSanta Ana, CA

Douglas Sean PinkhamDivorce / Separation LawyerSanta Ana, CA · Jun 15, 2026

Yes. The courts will set up child support payments using an average of the time the children are with you per year. Just as an example, if you have three weeks vacation with your children in the summer, you still have to pay child support for those three weeks, right? The same theory applies in your case. I have seen a couple very rare exceptions to this rule, but they are always when one part has the children for an entire summer. During those times, it obviously does not make sense to make that parent pay support to the other parent while they are fully supporting the children's needs at their own home.

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