My divorce agreement doesn't state my ex husband has to contribute to any sports our child plays or after school activities. We divorced when he was 4 he is now 13. He says he will but never follows through.
If your divorce agreement doesn't say anything about it, then he's not required to contribute toward your sons activities. If you're looking to add this on top of any child support order, you can do one of two things.
First, you could draft a stipulation that says he is to contribute a certain percent of the cost and then have it approved by a judge so it becomes an order and, therefore, official. However, I would be very surprised if your ex agrees to this on his own if he's not following through now.
Second, you could file a complaint for modification and request that it be added. Unless you have an incredibly good reason though, most judges aren't going to grant this unless he has way more money than you because it's generally viewed as part of what child support goes toward.
Your best bet is to see if you can get him to agree to a stipulation since that's the easiest and most effective route. If you really want to try for this, you definitely want to get an attorney since it's not as easy as going into court and saying you need more money for your son. Best of luck!
You may want to consider family mediation as a way for you and your son's father to communicate regarding activities that he may now be participating in. Since the time of your divorce, there have been changes which would allow your original agreement to be modified. It may be that discussion and communication with the help of a trained neutral mediator would allow for revised agreements regarding finances as well as other issues that may need to be considered after 9 years. Your son's father may not feel that he is involved in the decision making process of how activities are selected. Some specific guidelines and annual budgets for activities may need to be agreed upon for both of you to feel comfortable with a modification agreement.
Functionally, the child support is calculated, in many judges' minds, so that you can pay for such activities. Oral promises mean nothing.
If you feel that he should pay, file for a modification.
As my colleagues have suggested you can approach this through a modification of support and/or visitation. If part of your grievance is that he is not participating in your son's activities, you may consider preparing a visitation schedule approved by the court and made into an order. If your only or principal concern is financing his extra curricular activities then a modification of support is in order.
Thomas C. MarinoCar / Auto Accident LawyerSturbridge, MA ·
This is not a black and white situation. Usually the child support is expected to cover some of these costs unless they are extraordinary. You haven't indicated whether the child support has changed in the 9 years since your divorce so its likely the amount to paid in child support needs to be addressed anyways. You may want to file for a modification of child support and see if the new guidelines will result in a sufficient increase to cover these additional costs.
Absolutely, and may I suggest that the terms of the Agreement in regards to the amount of child support should be increased as well. I strongly suggest retaining an attorney to assist you with this - as soon as possible.
I wish you the best of luck.
Very truly yours,
Anthony Rao, Esq.
If you're divorce agreement is silent regarding whether or not your ex-husband has to contribute to extracurricular activities, then he is not legally obligated. If you want your ex-husband to contribute, you need to file a complaint for modification with the court stating a material change in circumstance exists to warrant a modification of your divorce agreement. Your material change is due to the fact that your child was 4 years old at the time and not participating in any activities and now he is 13 and involved in activities. I would suggest you consult with an attorney to review your agreement as you may be entitled to other modifications that you would include in your complaint.
If your agreement doesn't specify that he/she contribute to extra curricular activities then he/she has no obligation. However if the expenses are becoming a burden then the courts may consider that a material change in circumstances and you may file a complaint for modification.
