Q: If the NCP gets 1 month out of the summer does he still have to pay child support and the daycare pro rata costs? Or does it get suspended for that month? If NCP and custodial parent split the summer, does that mean they each get 1 month or does NCP still get visitation during custodial parent summer month and vice versa? NCP has 2 kids already and 2 adults living in a 2 bedroom apt. The child does not have a room or a bed. Does he need to have proper accommodations to get 1 month of summer vacation?
A: No – generally unless you have an agreement which states otherwise, child support continues as is even during periods of extended access. If you wish to seek a deviation, you’d need to file a modification petition & pur forth that argument (I’m not here to say its a winner, though). Schedule a consult with a Bronx Family Law attorney for more info.