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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-05-2012, 09:19 PM
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Default Hypothetical question

Let's say your kid is responsible for damages to someone else's home, school or business through negligence ie: tossed something in a toilet that shouldn't have been and caused a flood, left a hair straightener on and caused a fire, etc.

If the homeowner/school/business is asking/expecting the insurance deductible to be paid by the parents, what is the obligation of each parent to pay? What if it's taken to small claims and the parents are on the hook for the actions of their kid?

It seems only fair that the homeowner shouldn't be stuck with $1000 deductible if your kid does something that causes the damage and it's the least the parents can do to cover the cost, but what happens if one parent doesn't want to?

Is it a case of 'it happened on your access time with the kid, ergo you are responsible'?

Would it be/could it be some kind of S.7 expense?

If both are to be considered equal parents, would the responsibility be shared equally?

Is it left up to whatever parent is willing to pay?

Anyone have any experience with this? Any guidelines on how this would be dealt with?

Inquiring minds want to know!
Old 10-05-2012, 10:24 PM
DunnMom DunnMom is offline
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No idea as to what the law is on this but going by simply my opinion:

Depends on the custody/access status ... in my case it's "joint" however the boys' see ex only EOW or much less (ie. one kid goes every 3rd week or so and one has done an overnight with dad only 2x since January 2012) .. so basically "I" am the primary caregiver ... in that scenario then I feel "I" would be responsible for any indiscretions made by child during my time and the odd time the boys' are with dad, if they did anything he should be responsible.

IF however we did a 3/4 day split or week to week split and communication flowed then I would feel differently I think and would think that BOTH parents should be on the hook for any misdoings of the kids'
Old 10-06-2012, 12:31 AM
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To my way of thinking: Parents (assuming there are 2) should take responsibility for the actions (deliberate or otherwise) of their child, regardless of which parent's access time it is/was.

I don't have first hand experience w/this but a gf of mine does. Her son has put holes in walls, that require fixing obviously - and he also stole from a store and was sent a legal notice re: a fine of more than $500 for the theft. I felt that the burden/costs of this should not have fallen solely on her shoulders. In her case, the fine was dismissed after being addressed through juvenile court - but the father had no intention of covering any part of it. If her son had a job, an even better idea would be that he would have had to arrange to pay for the wall repair, and the fine.
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