Sunday, February 22, 2009

What Does Child Support Cover? (Updated to Include Our Day in Court)

For years (8 to be exact!), the devil expected my husband to reimburse her for one-half of her out-of-pocket expenses for the children’s school supplies, clothes, shoes, haircuts, etc.

Don’t get me wrong: he pays child support. In fact, he pays A LOT of child support! But the fact that child support is supposed to cover all of these things didn’t stop her from harassing him for reimbursement. (I’ve documented as many as three emails, two text messages and five voice messages in the same day demanding reimbursement for a $10 expenditure that she’d planned to incur for one of the kids that was actually covered by child support. We've learned to simply ignore her demands.)

Here’s the deal…

Child support guidelines and calculations are designed to minimize disparities in the standards of living between households by defraying the cost of the child(ren)’s predictable and recurring expenses incurred by or while in the care of the other parent.

So what IS your ex supposed to be doing with all that money you've been ordered to fork over to her each month? It’s supposed to be going toward your child(ren)’s:
• food (groceries, school lunches, etc.)
• housing (mortgage payment [excluding principal payment], property taxes, homeowners insurance and home maintenance costs)
• utilities (gas, electricity, water, sewer, garbage, cable TV, internet and telephones)
• K-12 education (school supplies, backpacks, lunch boxes, field trips, class parties, etc.)
• transportation (car payments, registration, insurance, maintenance and fuel)
• furniture
• clothing (clothes, shoes, outerwear)
• medical (over-the-counter medicines and medical supplies)
• personal hygiene products (toiletries and accessories)
• bedding and linens
• laundry and cleaning supplies
• discretionary/extracurricular activities to include enrichment (e.g. piano, ballet) and sports (e.g. karate, soccer), and all associated expenses (e.g. registration, lessons, instrument, uniform, gear).

Generally speaking, the only things that are NOT covered by child support are work- or school-related child care, health insurance premiums, and any uninsured medical expenses (i.e. co-pays). All other expenses are covered by child support.

The court can order you to pay for other items, as well, but these are typically extraordinary items such as tuition for necessary special education and the like. So you aren’t liable for any extra expenses unless it states so in your support order.

In other words, you aren’t obligated to pay for anything beyond the specified support amount. And paying for any extras is entirely up to you.

UPDATE:

On 10/26/10, the devil's fiance (referred to herein as "no nuts") served my husband with an Order to Show Cause for "extra curricular and other issues as pleaded." That is: she wanted the Judge to order him to reimburse her for one-half the cost of her out of pocket expenses for the children's 2010 and future extracurricular activities and school-related expenses. She also wanted him to "obtain and maintain adequate wardrobes for the children [to be kept at our house]." (Which, by the way, we are NOT obligated to do and which, by the way, we have ALWAYS done.)

WHAT A FREAK!

They went to Court on 11/23/10 (yes, the week of Thanksgiving!).

The Judge started by asking the devil to clarify what it was she was asking for. The devil reiterated that she wanted to be reimbursed for one-half of her 2010 extracurricular activities and school-related expenses. The Judge at least pretended to be confused by her ridiculous request: she made it clear that this is "not an issue of reimbursement"; that she would consider prospectively but not retrospectively. (That is: she would consider future expenses by establishing an order, but not past expenses by ordering enforcement of something that had not previously been ordered].)

The devil then complained that my husband has never reimbursed her for the children's school supplies expenses. The Judge (God bless her!) looked at the devil, dumbfounded, and said, "Isn't that what child support is for? It's not child support PLUS he buys everything for the children!" Priceless!!

In the end, the Judge dismissed everything that came out of that idiot's mouth. She did, however, order my husband to reimburse the devil for one-half of the children's future expenses related to their (non-existent) music lessons. (The devil had lied to the Judge by saying that she'd had to cancel the children's music lessons because she couldn't afford them...only they hadn't taken music lessons in months because they'd only just been dabbling in them and really didn't enjoy them enough to want to continue.)

7 comments:

  1. Wow, I came across this post and it was so helpful. I am the father, and my ex uses my children as a pawn to extract every last $ from me. My longtime girlfriend, who calls my ex the devil as well, finally helped me see that I was being totally taken advantage of and I need to stand up for myself.

    I continue to go thru this everyday, but reading this helps me realize I do have rights too. Thank you.

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  2. Thank you for using my Guide and if it work for you that makes me happy

    Educational School Supplies

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  3. are school fees covered under child support?

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  4. I agree. A child support decree should cover each and everything related to a child. like school fee, maintenance cost, medical expenses etc.
    Custody attorney in Orange County

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  5. Michael Lechtman, P.A., is a small firm with substantial financial and legal resources capable of negotiating and litigating complex issues at all levels of the Florida state and federal courts.

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  7. Why would this bitter-sounding wife call her husband’s ex a freak for wanting him to keep a wardrobe at their home? It’s ridiculous to think the mother should pay for clothes for both homes, simply because the father pays child support. It is also important to factor in time spent at both houses. Is this a father and step mother who see the kids as little as possible, or does the father maintain 50% custody? If it’s 50%, then by no means should it be the responsibility of the ex wife to provide clothing for both homes, AND 100% of all health, school and extra curricular costs. The wife’s blog just portrays anger, calling the ex wife an idiot and the devil. It’s hard to take her side at all when she speaks in such a childish and jealous manner. Our mediator said each party pays for the costs at their OWN house. (The one who has more money pays child support.) Everything else, school uniforms, extra curricular activities (that both parents agree to) etc are shared. It’s funny how the person writing this blog has no business writing about it at all. Divorce agreements are between the ex wife and the ex husband. Everyone else needs to mind their own business. It’s about the children, not how much money a wife wants her husband to keep to spend on her. (At least that is the feeling I get when I read the tone of this blog.)

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