questions & answers

Question: I have been divorced for 4 years now. For the summer I signed up the kids (2) for a program that ends each day @ 5:30 for $180. My ex wants to sign them up for a program @ the comm. center for $1250 becasue it ends at 6:00 each day. She is not employed and does no know when she will be getting off? Will I be responsible if she sign them up for this other program? Please advise as this plays into the next school year also Thanks, Frustrated

Answer:

Recommended checklist for trying to answer this question:

Review the terms of your divorce decree.

(1)   Is the summer program essentially a day care program or an "extra curricular activity"?

(2)   Is there language in the decree as to who is the decision maker for summer programs (or day care)?   Is there language requiring you both to agree?

• If there is language requiring you both to agree and your ex signs up the children anyway, it is possible that your ex will be found responsible for any cost of the program that is over and above what a normal summer program would cost.  If you believe this to be the case, you should check with an attorney before making any assumptions, as the answer to this question may be dependent on additional facts

• If there is language allowing you ex to sign up the children for such a program or the decree is silent on who may sign up the children then move on to "checklist" #3.

(3) Is there language in the decree pertaining to how summer programs will be paid? 

• If there is language in your decree allocating how summer programs will be paid and there is nothing in the decree to preclude your ex from signing up your children for the programs, then you may possibly be responsible for the program to the extent that the decree provides.  (For example, if the decree provides that you will pay 50% of any day care or summer activities, then you may be responsible to pay for 50% of the program). The answer again may be dependent on additional facts.  If you are responsible to pay for all or part of such a program and you refuse to do so, your ex could possibly bring an action in court to enforce payment.  If the court agrees in that situation (that you should have paid), your ex may be entitled to an award of attorneys fees (if she is represented by counsel) in addition to the amount for the summer program.  With that in mind you may want to check with an attorney as to a recommended course of action

(4)  If there is no language in the decree regarding payment, and there is a child support order in effect, then review the worksheet for how child support is calculated.  Is the summer program a "day care" program that is provided for in the child support calculations? 

• If the summer program is considered "day care" and you are uncertain if day care is included in child support calculations, look at Line 18 of your child support worksheet:

Example: (portion of child support worksheet)

Adjusted Gross Income	$________	(14)	$_________
Combined Adjusted Gross Income		(15)	$_________
Basic Child Support Obligation		(16)	$_________
Plus Costs for:
Medical/Dental/Vision Insurance	$________	(17)	$_________
→Childcare	$________	(18)	$_________