CP given "gift" of school supplies.

[TKO24]

State is Alabama

Afternoon all.

Divorced parents, court order states that CP and NCP have to pay half each of school and medical costs. 5 year old son is starting school and Auntie (sister of CP) buys a substantial amount of the school ordered supplies and presents them to the CP as a gift for her and son. CP insists on paying sister back for at least half of the supplies.

Unsure if it would be related, but stating for the record, not as an emotive point, that NCP is not up to date with court ordered child support payments.

Legally, is NCP liable for half, half of what CP payed back to sister or none of the value of these supplies bought by the CP's sister?

Thanks

 

[semicolon]

I may be new, but that just sounds way too picky for me. Someone is going to fight over paying back school supplies that were a gift in the first place?

 

[TKO24]

I may be new, but that just sounds way too picky for me. Someone is going to fight over paying back school supplies that were a gift in the first place?

No, they aren't, not as an individual court action at any rate.

Comment on the legal financial responsibilities of the NCP in this case is what i am looking for.

 

[Zephyr]

No, they aren't, not as an individual court action at any rate.

Comment on the legal financial responsibilities of the NCP in this case is what i am looking for.

need the EXACT wording of the appropriate paragraph of the court order please

 

[TKO24]

need the EXACT wording of the appropriate paragraph of the court order please

Thanks, unable to provide that at present, though I did think this may come down to a few small words in the appropriate paragraph. I expect the wording is extremely generic as this was an uncontested divorce with one attorney drawing up and filing the papers, a "quickie" divorce if you will.

I understand your need to see the exact wording though, once I can provide this I will resurrect the thread.

 

[MrsK]

If they were a gift, why should NCP have to pay??? Its the CP's choice to pay the sister since it was a gift.

 

[TKO24]

If they were a gift, why should NCP have to pay??? Its the CP's choice to pay the sister since it was a gift.

Is there a 3-for-1 sale at the question mark store?

Unsure if your reply is opinion or legal in basis.

But yup - that's the question - does the NCP's responsibility to pay half of the costs of school supplies, as detailed in the court order, depend on the CP paying the other half? If it does, if the CP recieves the items from a 3rd party but reimburses the 3rd party and relevant receipts are provided, then is it as if there were no 3rd party involvement at all? Regardless of any of our opinions, does the payment from the CP to the 3rd party negate the concept of a "gift".

Anyway, i'll get the exact wording of the relevant paragraph.

 

[stealth2]

Who are YOU in this little story?

 

[TKO24]

Who are YOU in this little story?

Although my status is irrelevant to my question, I am the fiance of the CP in this real life tale.

A legal stranger simply asking for legal opinion on the matter and was attempting to do it in as concise a manner, ommitting such irrelevances, as possible to aid the legal experts reading.

CP believes NCP should be legally liable for half of all costs of child school supplies, regardless of the source of the other half, I believe otherwise as NCP has no control over the cost of these "gifts" and thoughts gifts would not fall under this 50/50 ruling. Neither of us are experts on US or AL law so I thought I would enquire here to see if there is a definitive answer.

 

[CJane]

CP believes NCP should be legally liable for half of all costs of child school supplies, regardless of the source of the other half, I believe otherwise as NCP has no control over the cost of these "gifts" and thoughts gifts would not fall under this 50/50 ruling. Neither of us are experts on US or AL law so I thought I would enquire here to see if there is a definitive answer.

Well, again, the actual wording of the order is important.

But ETHICALLY, the CP should not be asking the NCP to reimburse HER for something SHE didn't pay for to begin with.

 

[BL]

Although my status is irrelevant to my question, I am the fiance of the CP in this real life tale.

A legal stranger simply asking for legal opinion on the matter and was attempting to do it in as concise a manner, ommitting such irrelevances, as possible to aid the legal experts reading.

CP believes NCP should be legally liable for half of all costs of child school supplies, regardless of the source of the other half, I believe otherwise as NCP has no control over the cost of these "gifts" and thoughts gifts would not fall under this 50/50 ruling. Neither of us are experts on US or AL law so I thought I would enquire here to see if there is a definitive answer.

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

I think it is nitpicking , and the motive is that the NCP is behind in payments .

The CP " insist " to pay back " Auntie ". That's her choice .

Is She going to ask " auntie " for the receipts too , so She can prove the payments ?

This isn't some kinda sophisticated college debate forum .

 

[stealth2]

CP's being unreasonable. And I say that as a CP. Even IF NCP owes money for the supplies? He should owe it to Auntie Muriel - not your fiancee. And if Auntie Muriel expects the NCP to reimburse her for a supposed gift? She's a classless boob.

 

[BS Spotter]

Although my status is irrelevant to my question, I am the fiance of the CP in this real life tale.

A legal stranger simply asking for legal opinion on the matter and was attempting to do it in as concise a manner, ommitting such irrelevances, as possible to aid the legal experts reading..

Your status IS relevant. And we're not going to explain why. That's all you need to know.

 

[jbowman]

I am a CP too and this is ridiculous to me. And embarrassing. What an embarrassing question.....

This is along the lines of... Let me think of every single legal angle to be a biotch to my boyfriend's ex. yuck!

 

[BS Spotter]

CP believes NCP should be legally liable for half of all costs of child school supplies, regardless of the source of the other half,

Tell the uneducated CP the definition of "gift" (courtesy of Merriam-Webster): "something voluntarily transferred by one person to another without compensation."

Then then CP should be told to bite the big one and to immediately cease attempting to profit from items that she is not entitled to reimbursement for. If the CP wishes to address it further, then have her take it to court, where she'll wish she would've just kept her yap shut in the first place. But that's just moi.