In our divorce agreement is states outside of child support I am required to pay for extracurriculars. However, in the agreement it does not mention a cap. The mother has psychical and legal custody and she is signing my daughter to everything and does not consider if I am able to budget for this or not. I tried to see if the mother would agree to amend the agreement place cap which she refused to do so. She mentions if I cannot afford it to sell my house and car so my daughter can attend various extracurricular. My daughter is 8. Is there anyway to chance this after the fact she will not agree to amend?
Yes you would file a motion to amend the judgment. You may also want to ask for joint legal custody in that order.
If it’s not incorporated into an order yet, then when it’s time to file your complaint t it to file an answer to the complaint you should advise the court that you want the court to address the issue.
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I see two approaches here.
First, in contracts, there is a principle that the parties will act in good faith. The ex sounds like a real winner. I would tell her in writing that the payment of extracurricular activities did not presume that she would sign up your daughter for vastly more activities than before. And in that writing, mention the part about selling your house, etc to create a record. Tell her that she must clear the extras with you. If she won’t listen, go to part 2.
Second, just file for a modification. Since it relates to child support, it can be modified. A court won’t like her behavior, and overreaches like this must be documented.
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If you cannot afford the cost of extracurricular activities, you can ask the court to modify the agreement. Be prepared to show what extracurricular activities she was involved in at that time, and the cost, so you can show that the mother has begun enrolling your daughter in an inordinately large number of activities since then. You would also at least want to add a provision that she consult with you prior to enrolling your daughter, if you don't ask to change custody to joint legal.
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