Am I required to pay for a car and car insurance for a 16 yo child not living with me?

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My son is not living with at all. My ex is stating I have to pay half of his driver's education, his car and the insurance on that car along with child support? I believe my son should work for a car instead of being handed to him. What is my obligation under the law?

Attorney Answers

3
Stephen Harkess ·
You will need to read your divorce orders. Buying a car is not s typical extracurricular expense. Unless the divorce orders specify a car purchase for the child, I don't see any legal obligation to do so.
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Matthew Berkus ·
This is more an issue of what the divorce decree says, the "law" is silent on the specific issue you raise. However, on a general note, child support is not the end all be all of your obligation. You do and will have financial obligations above and beyond child support. Whenever there is a child related expense, you can't always claim "I pay child support, so I don't have to pay," it doesn't work that way. Off the cuff, paying half of drivers ed. is a fair request. Paying for a car? I agree with Stephen, that is likely beyond the scope of the decree and what is fair. The car insurance is "mostly" a fair request. Look at it this way, odds are, if the two of you were still together, you would likely be putting your son on the family policy and paying for it. So, it can be viewed as a bit disingenuous to not do it now.
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Stephanie Randall ·
Whether your son lives with you is not a determining factor for your question from a legal standpoint. What matters is what your parenting plan says and what the court's orders have said. In a parenting plan, parties can agree to share the cost of something like a car, college, or other things that possibly wouldn't be in a usual cost split for divorced parents. A court can also order that a party help share the cost of a car, car insurance, etc. If your parenting plan doesn't address this issue and the court hasn't issued an order about it, then the purchase of a car, car insurance and associated costs are not included in Colorado's definition of extraordinary expenses. What you determine your son should do, such as him working to earn his car, is assumed to be in his best interests, unless your ex convinces a judge otherwise. I would respectfully communicate your wishes to your son's mother, make sure you pay your regular child support, and if she wants to push it further than that, she will have to get a judge to intervene. I'd also recommend you speak with an attorney who can look at your orders and parenting plan to give you more specific advice.
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