My ex-wife has custody of my daughter and I pay her monthly child support payments. My daughter has been attending college and for the past three years has spent the summer months living with me. The first year I still paid my ex-wife 100% of the child support during the summer months. The second yaer I paid her 50% and the third 0%. My ex-wife is now threatening to take me to court and I would like to know if I am in the right to bring up the monies I paid for child support during the time my daughter lived with me. Additionally, wouldn't my ex-wife have to pay me child support for the periods my daughter was living with me?

What do your court orders say about child support? Usually when CS is calculated they figure in the time the minor would spend with you. Do the courts know of the extended summer visitation?

The court order indicated that I would have visitation rights with my daughter, but did not mention anything regarding extended visits. My daughter decided she wanted to spend summers with me for three years and I was elated. The first year I did not even give child support a thought and paid 100% to my ex. I have always provided for my daughter. Besides having her stay with me I purchased a car for her and paid for her extraordinary dental bill. My ex offered to pay half of the dental bill, but I told her it was something I wanted to do for my daughter. Now she's looking for more money. I think it's rediculous!

Has your ex file to have Child support modified? How long has it been since the last modification? If it has been quite some time there is a possibility your child support could be increased depending on how much both of your incomes has increased. However, since she has agreed to the extended visits in the summer, this could be a factor that could decrease your responsibility.

Child support has never neen modified. My salary has gone down while my ex-wife's has increased. I really don't care about having child support amended. I just don't want to have to pay anything additional considering what I have done for my daughter. If I'm taken to court and I bring up the summer visits, do you think the judge will take it into consideration?

Absolutely! Also, since your income has gone down, and hers has increased, your looking at a reduction there as well.

Does your state take both parents incomes into consideration?

Yes, they do. As an example, I pay 51% of my daughters college expense and my ex pays 49%.

Then I honestly think you will be pleased with the outcome.

Keep us posted alright. Good luck to you.