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enforcing court ordered payments for extracirricular activities

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beachy6075

Junior Member
What is the name of your state (only U.S. law)? FL

In 2014, I filed for modification of child support for my then 14 year old daughter. I was seeking reimbursement for half of our daughter's dance expenses as she was heavily involved in that activity and I could not afford it anymore. In response, my ex, who never had a time sharing order in regards to visitation with our daughter, filed a motion to order one. Before this, he saw her sporadically and it wasn't because I kept him from her. We live in the same town and he has always had access to her whenever he wanted.

Anyway, a year old battle later, he was awarded the standard visitation schedule, his child support was lowered because of the overnights he now had granted to him, and the court ruled that he has to pay half of her dance expenses. The order states that "**** is extremely active in dance and dance competition. Dance is an integral part of her life and contributes to her social development. Mother has traditionally paid the majority of expenses for ****'s dance classes and competition fees"

Then, it goes on in the court's order section that, "As additional child support, the parties shall divide equally the cost of ****'s dance classes and dance competition, including, but not limited to: Monthly fees, costume competition fees, etc. Travel and hotel expenses are not included. The mother shall pay the expenses when due and shall submit proof of said payment to the Father and the Father shall immediately reimburse the Mother one half of said expenses. As additional child support, the parties shall divide evenly the cost of *****'s medical and dental expenses not covered by insurance".

After the original ruling, he appealed, asked for a cap on the dance fees and was denied.

Since the ruling, I have paid $10,000 in dance and medical (majority is dance) and have received maybe $500 total back from him. He has continually told me that he can't pay what he does not have and will pay "what he can when he can". when I remind him of what the court order says, he refers to the section in the order that says, "The parties shall have shared parental responsibility of the minor daughter. They shall communicate with each other and attempt to reach an agreement on all important decisions concerning their child's medical and dental treatment, her education, extracurricular activities and all other decisions that influence the healthy development of their child into adulthood".

He is claiming that he does not agree with her being involved in dance, so he doesn't have to pay. However, the judge specifically ruled in the later part of the order that he has to pay half of dance since it is an integral part of her life. The cost of dance has always been the same, and if she has signed up for master classes or when she traveled to NYC with her team, I paid the entire cost of those since those and haven't asked for him to pay half.

I told him I would take him to court for contempt, but then he said he would take me to court for contempt since he hasn't had her overnight since the ruling. I have not kept him from her and he sees her, but he contacts her to arrange visit time. She is 16 now, and very busy with dance. I would not keep her from sleeping at his house, but he does not contact me and rarely responds to my attempts to communicate with him. He never goes to her shows and goes on vacations without even telling her or inviting her.

I guess my question is, would it be worth it for me to take him to court for not paying half of the dance and medical fees? I would have to borrow money to retain a lawyer and I'd hate to do that when I still owe my parents from the year long legal nightmare I was in when I asked for modification. Our daughter has two years left before college and he won't have any financial obligation to her after that. I want to let her remain in dance which she loves and has done for all of her life, but it is a huge financial strain on me.

Sorry this is long. I tend to be wordy. I do appreciate any insight even if it is telling me I am being unreasonable.
 


stealth2

Under the Radar Member
Prior to signing her up for competitions, etc - do you consult with him? Why does she not spend the night with Dad?
 

beachy6075

Junior Member
Prior to signing her up for competitions, etc - do you consult with him? Why does she not spend the night with Dad?
If you are on the team, you have to do all of the competitions that they are signed up for, which was testified to in court. They do 4 or 5 a year and she has been in the same amount of numbers (cost varies depending on how many numbers you are in) since before the court ruling. He tried to get a cap put on the amount, but was denied. I always forward information to him and he is welcome to attend all parent meetings as he lives in the same town.

She hasn't spend the night since she was around 10. He just never asked. If he saw her, he would come to my apartment or I would take her to him. When he got married and moved into his wife's house, she would sleep over once in a while, but had to sleep on the couch or an air mattress on the floor of her step-sister's room. We have never had a set schedule for him to see her and he has always seen her when he wanted. He just got angry when I filed the motion for modification of child support and that is when he suddenly cared for overnights. I wish he would be a more consistent part of her life, but he has let her down so many times by not showing up when he said he would, going on vacations without her (she would find out on social media), no-showing at her recitals, etc.
 

LdiJ

Senior Member
Prior to signing her up for competitions, etc - do you consult with him? Why does she not spend the night with Dad?
Based on what the judge ordered, I am not sure that dad has any say at all about competitions etc. The judge has already ruled that its integral to her life and that dad has to pay half.

However, if dad truly does not have the money, it may be difficult to impossible to collect from him.
 

beachy6075

Junior Member
Based on what the judge ordered, I am not sure that dad has any say at all about competitions etc. The judge has already ruled that its integral to her life and that dad has to pay half.

However, if dad truly does not have the money, it may be difficult to impossible to collect from him.
Then what is the point of a court order? The judge looked at all of the financial information for both him and myself. Would they maybe set up a payment schedule for him to pay me back? The year leading up to trial was hell and I only wanted to be able to have my daughter contintue to do what she loves. I would never have bothered had I known he wouldn't pay and wouldn't be made to pay. I guess I'm lucky the actual child support is garnished.

(I hope you don't think my frustration is directed at you. It definitely isn't. :) )
 

LdiJ

Senior Member
Then what is the point of a court order? The judge looked at all of the financial information for both him and myself. Would they maybe set up a payment schedule for him to pay me back? The year leading up to trial was hell and I only wanted to be able to have my daughter contintue to do what she loves. I would never have bothered had I known he wouldn't pay and wouldn't be made to pay. I guess I'm lucky the actual child support is garnished.

(I hope you don't think my frustration is directed at you. It definitely isn't. :) )
No matter what kind of punishment is used, if someone truly cannot pay, they cannot pay. It might be possible to get a judge to order that it be added to your child support case so that he has to eventually pay you back via garnishments, but if someone is truly determined not to pay, collection can be almost impossible.
 

beachy6075

Junior Member
No matter what kind of punishment is used, if someone truly cannot pay, they cannot pay. It might be possible to get a judge to order that it be added to your child support case so that he has to eventually pay you back via garnishments, but if someone is truly determined not to pay, collection can be almost impossible.
he is definitely determined not to pay. he lives in a gated community, no mortgage, and frequent vacations. he just really doesn't want to pay. before his child support was garnished, he never paid me then, but they threatened to suspend his license, so he found a way to pay what he owed.
 

LdiJ

Senior Member
he is definitely determined not to pay. he lives in a gated community, no mortgage, and frequent vacations. he just really doesn't want to pay. before his child support was garnished, he never paid me then, but they threatened to suspend his license, so he found a way to pay what he owed.
The take him to court for contempt and ask the judge to order that the money be added to the child support garnishment.
 

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