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RobertJDFL, Lawyer
Category: Family Law
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Experience:  Experienced in multiple areas of the law.
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My ex and I have to split child care 50/50 for summer care

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My ex and I have to split child care 50/50 for summer care I received a scholarship for my 50%. He now states I have to pay 50% of his share as well. He says he will file contempt of court on my side if I do not pay. With the scholarship my income was used, he doesn't have legal rights to even sign him up. So his 50% is at a very low price because of me but still demands I have to pay 50% of his part as well regardless of my 50% being zero amount. Please be completely honest
Thank you for your question. I'm assuming you are asking whether he has a chance at being successful if he were to bring such a motion?

While I obviously cannot guarantee how a judge would rule, I think your ex's argument is completely ridiculous and a judge isn't going to make you contribute to his share. The judge is bound by what the agreement says.

In this case, it says that you eahc pay half the cost of the summer care. It doesn't matter HOW each of you pay that share -it could come out of your own money, be a gift from a family member, or as here - awarded in a scholarship. You met your obligation in other words, and unless there is language in your agreement that says something like "If you don't pay out of your own pocket for your costs, you have to contribute to the other parent's costs" (which I highly doubt it does), you have no legal obligation to pay anything to him.

He is obviously upset that you didn't have to pay while he does, but that doesn't change your legal obligations, and his threatening you with contempt is simply a way to try and get you to pay him money.
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