Child Support and Extracurricular Activities
BM is asking that DH back pay all of the activities and preschool that SD4 has ever attended or been enrolled in. BM also doesn't allow anyone to come to these events nor does she disclose when and where her activities will be.
Does Child Support cover any activities? BM has SD in ballet, skating, music, preschool AND more.
I also know that BM gets preschool almost entirely paid for because she is very low income. Government up here (BC, CAN) also pays for alot of activities if the Guardian is low income. If these activities are almost entirely paid for by the Government, are we still entitled to pay? She is asking we pay for more than half totaling over $2000 for the past 4 years.
I have also heard that sometimes judges will only go back 3 years of retroactive Child support. DH has paid for SD4 entire life but didn't pay his max table amount.
My DH Lawyer told us that he
My DH Lawyer told us that he is under no obligation to pay for any sports that BM enrolls the kids in. If they both agree to the sports then there is an understanding and monies can be reviewed and figure who pays what. But DH doesn’t have to pay anything she puts kids in and doesn’t legally have to take them to practice/ games if he doesn’t want to. This is all under the fact that there is no sport request in the court agreement.
Unless it is specifically
Unless it is specifically stated in their CO that your DH is obligated to pay for a activities, he doesn’t have to pay for anything. Also, if BM did not pay for those activities herself (i.e. if the government paid for them), then he doesn’t have to pay for them.
Does he have joint decision-making? If she signs the child up without consulting with him, I don’t think he can be made to pay.
In general, courts care about child support. Many don’t want their time wasted with disputes over paying for extras, particularly if no request was made initially to cover extras.
There is an interim order
There is an interim order only stating child support amounts and custody. She will take us to court for this as well... we don't have a lawyer currently because our last one rung us dry. Trying to find info to educate ourselves.
Do you know where I can find information on this? Government websites etc?
There should be provincial
There should be provincial laws that provide information on the general guidelines for child custody and support. A lot of the precedent will likely be in previous case law, however.
Do they have Father's Rights groups in BC? They might be willing to provide some free legal guidance to your SO.
I can't see any reason a
I can't see any reason a judge would make your partner pay for stuff that is long since past.
Now yes a judge can hit you for owed back child support. If DH was suppose to pay 100 and only payed 75 as far as I understand they can go ALL the way back to when 100 was started and make you pay for every penny you didn't.
Stuff outside of child support though depends on what the CO states however there should be a reasonable time limit as well as something normally says that both parents have to agree on extracurricular things. She chose to sign the kid up for piano without consulting him there's not reason he should have to pay anything for piano.
Look at the CO. Don't give her a penny and go speak to a lawyer.
This site might
This site might help.
http://justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/step7-etap7.html#h9
thank you! i did find this
thank you! i did find this website as well. Very useful.
Also Laches may apply here.
Also Laches may apply here. There should be a time frame in which the BM can ask for reimbursement--not an open ended "no statute of limitations" reimbursement request.
In our CO jurisdiction ...
In our CO jurisdiction ... unless specifically stated in the CO the NCPs CS covers their entire support obligation for the kid in question.
Our CO was issued in Oregon.
We attempted to get reimbursed for half of the cost of extracurricular activities that we covered and when we brought this up during a CS review the Judge gave us clarity. Extracurricular costs are included in the CS.
So, unless there is a significant difference where you live.... I would say that your DH is fairly safe on this issue.
Good luck.