Can a person deduct money from their weekly child support payment to cover 1/2 cost of a softball camp?

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Can a non custodial parent deduct money from the child support they need to pay

Attorney Answers

4
Christine G. DeBernardisChild Custody LawyerAmesbury, MA ·
First, I assume that this is paid private (person to person) rather than through the department. Is that right? In my opinion, it is never a good idea to do that. The child support order is for a certain sum to be paid weekly or monthly. If there is ever a question of whether the monies were paid, the records will reflect that there was a lesser amount paid for those weeks/months. That said, if the parties agree to this, a writing should be signed that reflects the payment, the deduction and the agreement of the parties. If a question rises later, then that could also be presented in explanation of the lesser amount paid. Good luck!
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Andrew Piela ·
Never a good idea. Child support is a court order. You are required to pay that precise amount to the other parent. Parties cannot, by themselves, agree to modify child support without first getting court approval. If you unilaterally reduce child support, you could find yourself facing a motion for contempt. Second, child support is intended to pay for such things as extracurricular activities (at least in NH). Therefore, unless your order says otherwise, the child support recipient is obligated to pay for these costs.
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Anna M. ZimmermanDivorce / Separation LawyerManchester, NH ·
I agree with the prior answers. 1. unless your orders specify otherwise, the person receiving child support is generally responsible for extracurricular activities. If he/she cannot or will not pay for an activity, you can elect to do so for your child, but that does not mean that the monthly support is reduced. 2. If it is agreed that you will pay for softball camp and child support will be reduced for the month by that amount, get this confirmed in writing. In essence, you would be agreeing that full child support is being paid, but that the parent receiving the support is agreeing that instead of being paid to him/her and then paid to the camp, you can pay that portion directly to the camp.
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Diane Gaspar ·
While there are a lot of facts that may affect this issue, the short answer is no, unless there is a court order that allows such deductions from court ordered child support. You should consult with an attorney before you make any type of deduction from court ordered child support. Otherwise you could be cited for contempt by the court and be obligated to pay the other side's attorney fees and costs.
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