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extra-curricular activities

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d_rigby

Junior Member
What is the name of your state? Tennessee

I am looking for a little help on exactly what a portion of the following statement means: "Each party agrees to discuss and consult with each other regarding the child's desire to partake in organizations and/ or extra-curricular being ever mindful of the best interest of the child. Once the parties agree to enroll their child in such activity, then each party agrees to be responsible for the costs associated with that activity on a pro rata basis".

It is in the child support section of my divorce decree and is in regards to extra-curricular activites. The part I am having a problem with is the "pro rata basis". How much is this? My ex says it is 2/3'rds since that is what i am responsible for on all unreimbursed medical expenses. I tried telling her this is a separate section and has nothing to do with medical expenses. I read into the meaning of the "pro rata basis" to be what we discussed. Which in this particular dispute we are having pertains to cheerleading and was not discussed prior to enrollment. I would have not denied my daughter joining but it should have been discussed between us first so that i would be somewhat aware of the kind of costs would be incurred. I was not told until a month into my daughter joining how much it would cost. I would assume the fair way for us to split the cost would be 50/ 50. If "pro rata basis" meant to be 2/3rds I would think they would have just said that in the decree. However I do not know everything and may be wrong so that is why I ask.

If anyone could offer some insight that would be great. I know paying 2/3rds for most things would not be much more than paying 50% in most cases but it all comes down to if I budge on this she will try to take advantage of the next issue that comes up as she has done in the past. I do look out for the best interest of my daughter first as any parent should, but i am tired of being taken advantage of. Thanks for any help anyone may have to offer.What is the name of your state?
 


stealth2

Under the Radar Member
Generally, it's based on the relative incomes. So if yours comprises 2/3's of the combined income, then that's what your share would generally be.
 

LdiJ

Senior Member
Generally, it's based on the relative incomes. So if yours comprises 2/3's of the combined income, then that's what your share would generally be.
Which is the same way that the medical expenses are handled, which means that your ex is probably right.
 

d_rigby

Junior Member
RE: Extra-curricular Activities

The original decree was signed in 2001 making me responsible for 2/3. In May of this year I relocated (NY to TN) to be closer to my daughter. In the process I had to leave my previous job. The job I have now pays substancially less making the yearly incomes of my ex and myself nearly equal. Would I still be responsible for 2/3? If not should I have this ammended in court?
 

CourtClerk

Senior Member
The original decree was signed in 2001 making me responsible for 2/3. In May of this year I relocated (NY to TN) to be closer to my daughter. In the process I had to leave my previous job. The job I have now pays substancially less making the yearly incomes of my ex and myself nearly equal. Would I still be responsible for 2/3? If not should I have this ammended in court?
You're bound by the CO until it's modified. I'd suggest you do so.
 
Once the parties agree to enroll their child in such activity, then each party agrees to be responsible for the costs associated with that activity on a pro rata basis".
The term "pro rata" itself suggests a proportional amount, not an equal share.
However, many courts 50/50 this stuff.

Another way to approach this would be by agreement. The language in your order also suggests that if both parties DO NOT AGREE to enroll the child in those activities, the cost associated with the activity rests soley with the parent enrolling the child. My suggestion would be to reduce any agreement to writing and stipulate...
  • The duration of the activity
  • The % each parent agrees to pay
  • The ceiling amount for which you are responsible
Good luck...and "Push 'em back, push 'em back, push 'em WAAAAAY back!"
 

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