With the Olympics come the sentimental commercials of Olympians
thanking their parents for helping them become the athletes they are today.
We see images of these young Olympians learning how to walk on a ski
slope, falling down over and over, and being woken up in the very early morning
hours for practice. Not every child will become an Olympic athlete, and not
every family will even consider the possibility of making such a commitment.
So what happens when two divorced or never-married parents have differing
opinions on the extracurricular activities that a child will participate in?
Who pays for the cost of these activities?
As with many other decisions to be made regarding children, a
Judge will determine what is in the child's best interest when deciding whether
or not a child should continue or start an activity, and who should be
responsible for the cost. In addition to looking at the history of
involvement in a certain activity, the court will also consider the impact – if
any – that the activity may have on parenting time, as well as the income of
the parties and the cost of the activity.
In many situations, the parties include in their agreement
language that allows the children to participate in agreed-upon extracurricular
activities, with agreement not to be “unreasonably denied.” For those
activities that are agreed-upon, the parties include language stating that they
will share equally the cost of those activities. The question, then, is “what
is reasonable?” The answer to this
question will vary with each situation, but some good rules of thumb are: A child should be able to participate in
extracurricular activities, but those activities should not significantly
infringe on parenting time. In addition, if a child had engaged in an activity
throughout the parties’ relationship, the child should be able to continue
doing that activity. With regards to payment, the parties should share the cost
of reasonable activities, so long as the parties’ incomes have been equitably
addressed via child support or alimony. The
key is finding balance between these rules. So if a child had always done one
sport per season, it would be reasonable for the child to continue to do so.
However, if the child had always done three activities at once, and those
activities took significant after-school time and weekend-time, it may not be
reasonable to keep the child enrolled in all three activities. Further, if the
application of child support still results in one party having significantly
higher assets than the other, it may not be equitable for the parties to share
in the cost of extracurricular activities.
While it is impossible to
predict what a child will be interested in (or talented at), adding language
into an agreement that sets parameters for the number of and payment for
activities can save the parties from future court battles and headaches,
Olympic athlete or not!
(c)2014 by Law Office of Leila J. Wons
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