Many children participate in either a sport or an extracurricular activity. Some activities cost more than others. If you are getting divorced, who pays for the children’s extracurricular activities?
There is no statute that states who pays for a child’s extracurricular activities. Therefore, the default rule is that the parent receiving child support would be expected to pay for these activities. This means that if you are receiving child support, and your child incurs extracurricular expenses, you may be stuck with paying for those activities. This is why it is important that your divorce agreement considers who will pay for a child’s activities.
There are many different ways to structure the payment for a child’s activities. You can state that each parent will pay 50% or that each parent will pay their pro-rata share (meaning in the percentage of their income).
You can also limit the amount of activities you will pay for. In some agreements, it will state that you are only obligated to pay for one activity at a time or in a certain season. In other agreements, the amount you pay is limited by a cap. For example, you will pay 50% of all activities up to a maximum amount of “X” dollars. Some agreements state that both parents have to agree to the activity, before payment is due.
The important thing to remember, is that if your divorce agreement does not explicitly state who will pay for extracurricular activities or sports, then the custodial parent will most likely have to pay 100% of those expenses.
David Badanes and the Badanes Law Office have helped numerous individuals with divorces and in representing their clients in making sure their divorce agreements are fair and cover extracurricular expenses. If you need an attorney to represent you in your divorce, call the Badanes Law Office today at 631-239-1702, email me at firstname.lastname@example.org. The Badanes Law Office has offices in Northport and Garden City.
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