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  • Already agreed upon activities

    The situation is simply this.....

    My child has been in gymnastics since the age of 3 (she is now 9), has been competing for 3 years now and has come in 5th place for our state. Now that we are divorced, her dad said he can't afford gymnastics, so I agreed to pay for it. Some of the competitons will fall on his access time because he has them most weekends and in the summer. I agreed to take the child to and from competitions, I also tried to negotiate that the child didnt have to attend every competition but maybe 1 or 2. He says no and its not up for a debate. But how can it not be up for debate, we have joint custody? All she does is cry and wants to compete, she loves it. I also have two other children that I tried to put in activities and he refuses to let them go or attend any practices...He wont discuss why and the kids told me that if they ask them why they can't go (since they are just sitting on the couch watching tv) he gets angry and tells dont mention it again. Again, I have said I would pay and take the child to and from....these kids has also been in these activities PRIOR to divorce and he was always supportive and even coached one of my sons teams. I realize this is his time with the children but these activities was so important before divorce...they arent anything new.

    Is there anything the court can do?

  • #2
    If the children have been taking part in extra-curricular activites all along, then he HAS to pay his share of them, proportionate to his income.

    This is covered by Section 7 of the Family Responsibility and Support and Support Arrears Enforcement Act.

    Section 7 expenses are in addition to the child support payment set out by the federal child support guidelines.

    What will happen is the court will compare the income of the seperate households, (yours vs. his), and will order him to pay his pro-rated percentage of the costs.

    If your original court order doesn't include this issue, you need to bring forward a Motion to vary.

    You'll need to fill out the forms, attach a financial statement and proof of your earnings, and serve it to him.

    If you can negotiate with him, then attend Mediation. Leave the Lawyers out of it.

    If not, what you are asking for is standard procedure and when it gets to a Judge, you will get what you need.

    You can even ask for a retroactive amount.

    If he wont negotiate he could also be on the hook for your court costs.

    Good Luck

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    • #3
      Perhaps a median approach may have success, i.e. try offering him access days/weekends when your child does not have gymnastics. This way he'll get real access and your child will be back in gymnastics.

      Comment

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