Author Topic: Direct Expense - Premium/Extraordinary  (Read 16196 times)

Father7464

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Direct Expense - Premium/Extraordinary
« on: June 27, 2016, 09:52:15 AM »
I have 50/50 joint custody of my kids.  Because my income was higher, we agreed that I would pay for direct expenses.  My ex-wife believes that this entitles her to a blank check in signing the kids up for any and all activities and that my financial ability is now endless.

Recently one of the children (early teen) started showing an interest in learning a musical instrument.  There is a special center that we toured together and believe it would be good for our child.  It costs $300 per month and would continue every month for as long as the child wants.  It would also be a 45min drive to/from home at least once a week.  Being recently divorced, financially things are already strained and I'm working an additional part-time job to make it by.

My question:  I think this activity would be good for my child and want to support it.  The income percentages are (55% / 45%)  Based on the 2016 Guidelines, would it be reasonable to offer to share the cost (or) would I be expected by a judge to pay the full cost?

Thanks for any feedback you can offer.


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Re: Direct Expense - Premium/Extraordinary
« Reply #1 on: June 29, 2016, 12:15:55 PM »
When a parent is receiving child support to pay for all direct expenses, the other parent's share is essentially relieved.  So, if you are in charge of direct expenses and receive the additional EPT amount, that is what it's supposed to help pay for.  The concept of the higher earning parent paying more of their share is already being corrected as part of the calculation.  So, to answer your question, I believe you would have to pay the entire amount with your child support.  Keep in mind that the child support amount you receive is only your ex's portion.  You must add to that your half to be able to see how much you might be spending.

Payments for direct expenses are not a blank check though.  Everything must be agreed by the parent.  An unwritten rule is that if the parents can't agree, then the parent desiring the activity is the one who pays for it.

I might also note that if you work a second job to make ends meet, the court should not be considering that income.  If the job was taken after the dissolution of the marriage, the court should not consider that income for child support purposes.

Father7464

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Re: Direct Expense - Premium/Extraordinary
« Reply #2 on: June 29, 2016, 02:23:19 PM »
One of the challenges is that as part of the divorce, I pay all direct expenses of children until a future date, then child support paid to my ex kicks in.  This was done to help alleviate a significant child support payment until financially things stabilized.  If I don't have the money after all the required necessary obligations, would a judge look at the overall situation and agree that paying half is better than nothing?  I can't pay for something with money I don't have.

Your feedback about both parents having to contribute is something that doesn't seem to exist right now in my situation.  Good reminder to me that I'm not the only one financially responsible for the children.

Thank you for your feedback, this forum has been a huge help to me.

Guru

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Re: Direct Expense - Premium/Extraordinary
« Reply #3 on: July 01, 2016, 12:00:03 AM »
The court is required to use each parent's most current income for child support calculations.  Typically if a parent has lost their job, the other parent asks the court to make them pay child support as if they still had the old job (or which ever one pays more).  This is called imputing income.  However, if the loss of your job was not voluntary and you simply cannot find a job that makes the same wage, then that should be the end of it - until you find a higher paying job.  It's an endless cycle of going after your income, so I guess you should get used to that.  Just keep in mind that you're not the only one who needs to prove their income.  Both parents have rights.  If you're providing your income and W2's, the other parent should be doing the exact same thing.  In shared residency cases, the income of both parents is very important.

If you were unaware, you can always subpoena your ex's income.  This can be done without an attorney.  Sometimes this is necessary if they refuse to give you pay stubs.