Do I Have To Pay for My Child's Summer Camp Post-Divorce?

Specifics of divorce and child support in New York can make a significant difference in the obligations and expectations placed on each parent. One such detail that often arises—and can lead to disputes—is whether a non-custodial parent should pay for summer camp expenses. In New York, this question has been addressed by the courts with a clear directive: yes, but conditions apply.

Legal Background and Court Rulings

In New York, the appellate division in Maolica recently ruled that the non-custodial parent must pay will require that you pay your pro-rata share of expenses. The Courts across New York by law support this ruling.

This includes expenses like summer camp, which are often necessary for the custodial parent to maintain employment. A notable case that underscores this obligation is the appellate division ruling in Maolica, which affirmed that non-custodial parents are required to contribute to such expenses based on their proportionate share of income.

The significance of the ruling was further evidenced in a case handled by the Family Court of Nassau County, where the court found that summer camp expenses should indeed be categorized as child care expenses. Consequently, the non-custodial father was ordered to pay a portion of these expenses, affirming the necessity to support the custodial parent’s work-related child care needs.

The Importance of Specificity in Agreements

Brooklyn divorce attorney Brian D. Perskin emphasizes the importance of clarity in these agreements: “When drafting child support agreements, it’s crucial to address all potential expenses explicitly,” Perskin notes. “This includes not only the regular payments but also additional costs like summer camp, which can otherwise become points of contention later on. A detailed agreement helps prevent misunderstandings and legal disputes in the future.”

Many lawyers and their clients neglect to stipulate these details, which can lead to disappointment and legal challenges down the road. The lack of specificity in child support agreements regarding what exactly constitutes ‘child care expenses’ or ‘additional expenses’ can lead to subsequent legal action if one party feels that the agreements are not being honored.

Practical Advice for Parents

For parents navigating the aftermath of a divorce, the key takeaway is to ensure that all potential child-related expenses are discussed during the negotiation of child support agreements. This includes not only summer camp but also other educational or extracurricular activities that might require financial contribution from both parents.

Here are a few tips:

Be Proactive: Address the issue of summer camp and other similar expenses during child support negotiations. Do not wait for these issues to arise later.
Seek Detailed Agreements: Work with your attorney to draft a comprehensive agreement that specifies each parent’s responsibilities, including percentages and types of expenses covered.
Consult Experts: Legal advice is crucial. An experienced attorney can provide valuable insights and foresight into what needs to be included in your support agreements.

Conclusion

The decision to include summer camp expenses in child support calculations is more than just a financial consideration; it’s about ensuring that children have stable, continuous care and opportunities for growth and development, even when parents are living apart. By explicitly addressing these costs in child support agreements, parents can mitigate future conflicts and ensure that both parties understand their responsibilities. This level of detail safeguards the interests of the child and provides clear guidelines for both parents to follow.

Hiring a Brooklyn Child Support Attorney

Furthermore, it is important in NY to be specific in all child support agreements. However, many lawyers forget about the small points. And, litigants experience disappointment years later when one of the parties sues for these expenses.

Make sure you work with an experienced attorney to fight for your rights and fair share.