QUESTION
Should we be over worried about my husband’s ex-wife threats?
Asked on May 28th, 2013 on Child Custody - North Carolina
More details to this question:
My husband pays roughly 600.00 monthly in child support plus carries health care. His ex-wife is wanting us to pay extra for a travel baseball team that is outrageously expensive and something that we would never agree to even if we weren't already paying child support. She is threatening to take us back to court if we do not comply. They have been divorced for 11 years so their current divorce stipulations have been in place since then.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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I don't know about worried. She may very likely go back to court and ask. Your husband can then ask for more time with his children. Once the motion is filed, talk with your attorney and then figure out if you should be worried, not before.
Answered on May 29th, 2013 at 9:07 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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If it has been 11 years - child support is due to be reviewed. However, this could work out in your favor. NC uses child support guidelines to calculate support so it is possible she could take you to court and the circumstances end up such that your child support obligation is lessened. However, after such a long period of time most people end up paying more. You should look into having a current child support amount calculated. If the amount is the same or less than it was 11 years ago - feel free to tell the ex-wife to sit and spin and not pay her anything additional. However, if the new calculations reveal a substantial increase is due - then you may want to pony up the baseball cash to avoid the ex taking you to court.
Answered on May 29th, 2013 at 5:08 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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From my experience, it would seem highly unlikely that any such payment would be ordered, unless your husband makes a significant amount of money and could EASILY afford it. I suppose it would be considered if the child was actually on the verge of a professional contract or full scholarship from his baseball experience, but if this is just one of those camps that teaches everyone and it's outrageously expensive, it won't be ordered.
Answered on May 28th, 2013 at 10:44 PM
Depending on what the judgment says about extracurricular activities, it is legally possible for him to be ordered to contribute to the cost. Absent a prior order, a judge might be hesitant to order it.
Answered on May 28th, 2013 at 10:00 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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Unfortunately there are not enough facts provided to give the best answer, namely whether there is currently a child custody agreement/separation agreement/court order in place, which often has a section specifically pertaining to how the parties are to agree regarding extra curricular activities before such expenses are incurred and thus forced upon the other to pay all or even half. And/or whether the current child support amount of $600 is by a child support agreement/separation agreement/court order (sometimes child support is in the same document as child custody, but not always). But generally speaking, an agreement can only be changed upon mutual consent of both parties and a court order can only be modified by filing a motion to the court and proving a "substantial change of circumstances" which is not always as easy as the claimant thinks and certainly in this scenario, would not seem to be a critical need for the child or an otherwise significant change worth disturbing a current order. You should contact an attorney to review your current documents and how/if they might be changed and if so, how you can defend against that.
Answered on May 28th, 2013 at 9:56 PM