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Need help clarifying court order on extra-curricular activities when court order is conflicting: Court order says that both parents are 50% responsible for extra curricular activities up to a certain amount per parent, per calendar year. Anything over that cap is reimbursable only if there is an agreement. Then the next sentence says that one parent is responsible for making all such payments.

I paid for an activity, therefore this would count toward my yearly cap, as I am per parent, for this calendar year. But, I am not THE parent who is responsible for making all such payments, so does that make my dollar amount spent on the activity NOT count toward my yearly cap??

Asked almost 2 years ago in Child Support

Michael’s answer: Unfortunately, the exact language of the agreement is necessary to make a determination. I would also note that if the language is ambiguous, then the drafter of the language and other evidence of intent would be relevant as well.

Answered almost 2 years ago.


If I am taking food stamps assistance can I be denied monthchild support maintenance that is ordered to be paid by my ex husband: My ex husband has not paid child support for over 1 year and now i filed a case against him with help of DHFS, he is ordered to bring his tax returns, pay stubs etc. on the next hearing. He's not working and doing business in his present wife's name. He called and said he will take assistance of clean slate program and also and will not have to pay because i am on food stamps. Can that happen?

Asked almost 2 years ago in Child Support

Michael’s answer: The clean slate program to which he is referring can only cause child support that would be due to the state (that portion of the support you wouldn't receive anyways as it constitutes reimbursement of benefits the state provided to you) to be forgiven. Any child support that would remain due and owing to you would not be affected.

Answered almost 2 years ago.


Will I be able to get reimbursed from my estranged husband for the cost/fees relating to my son's college expenses?: I've been separated from my husband for almost 3 years. Our son had just gone away to college. At the time, were splitting the expenses (flight, books, room & board essentials, etc.). My husband signed for the Parent Plus loan the first 2 years. However, because he was not in agreement that our son should go to summer school, I was left paying his rent, food, books, flight (my son took out a loan for his summer classes). As a result, I've also paid the tuition for this year (took a loan out of my 401-k).

Asked almost 2 years ago in Divorce

Michael’s answer: Right now, everything you earn and have and everything your husband earns and has is part of the marital estate. Generally, college expenses are not awarded retroactively and the fact that there is no divorce, judgment, or pending proceeding, there is no authority to intervene. As to what the court might do with future expenses and the current debts, the student loans would likely be considered marital debts and, depending on the court's view of the past contributions, the court may consider the respective incomes of the parties and allocate future expenses differently than it otherwise would have.

Answered almost 2 years ago.