If you have children and are getting divorced, you probably know that the custodial parent is entitled to child support. However, child support only covers the basics of (i) food; (ii) shelter; and (iii) clothing. Basic child support does not pay for education expenses, such as tutors. It also does not pay for a child’s sports, dance, martial arts, music or any other extracurricular activities.
As most parents know, tutors, sports and extracurricular activities can be add up to be a significant expense. In New York, there is no explicit obligation that the non-custodial parent pay for these expenses. The default rule is that the parent receiving child support would be expected to pay for tutor, sports and extracurricular activities. If you want to make sure that you receive payment for these expenses, it is important that your divorce agreement explicitly states who will pay for these expenses and how much they will pay.
If you are the non-custodial parent, you want to make sure that if you are to pay for these expenses, that the agreement is clear on what you have to pay for and how much.
There are many different ways to structure the payment for a child’s activities. For example: (i) each parent can pay 50% of these expenses; or (ii) each parent pays their pro-rata share (meaning their percentage of the overall income). Furthermore, you should also have a maximum amount that you will pay for a particular activity. Here, your divorce agreement could state, as an example that: (i) you will pay 50% of all activities up to a yearly maximum of “X” dollars; or (ii) you will pay 50% for all tutors up to a yearly maximum of “X” dollars, but will not pay for any other extracurricular activities.
Your divorce agreement should also be clear that you will only pay for activities until the child graduates high school. Otherwise, you might have to pay for these activities while the child is in college.
It is important to know, that if your divorce agreement does not explicitly state who will pay for educational expenses (tutors), sports or extracurricular activities, then the custodial parent will most likely have to pay 100% of those expenses.
David Badanes and the Badanes Law Office have drafted divorce agreements with provisions for tutors, sports and extracurricular activities. David Badanes makes sure that the divorce agreement is clear, so that both parties understand their obligations.
If you need an attorney to represent you in your divorce, call David Badanes and the Badanes Law Office today at 631-239-1702, email me at firstname.lastname@example.org or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Garden City.
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