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Hello. You asked:The X has found reunification therapists and they do not participate in his health care plan. However many psychologists do. The therapist he has found charges 250.00 and hour and requires a 3,000 up front retainer. My question is am I REQUIRED to hire one of these people or is a licensed psychologist adequate based on this agreement as worded above. A: The orders clearly require that you and your ex must agree on any new therapist, and if you cannot agree, then upon presentation of the resume of three different therapists to the court, the court will appoint a therapist.In addition he has my son for one week vacation this week and he claims it is my responsibility to provide clothing for him. The agreement states: The parties further agree to ensure that the children have the necessary clothing and toiletries as well and access to medical care during their parenting time. I made it clear to my lawyer I wanted to so that he would have to provide his own clothing for his son and he claims this is against NJ "law" am I wrong that he is required to provide clothing for him?A: The court must award child support pursuant to the state guidelines. The trade off is simply stated: In exchange for one parent's payment of money, that parent is relieved of the obligation to provide for the child's necessaries, and in return for the receipt of that child support, the other parent is obligated to provide necessaries for the child. However, to say that it is "against the law" for the father to purchase necessaries for the child, and equally against the law for the mother to refuse, is to inflate the issue unreasonably.Neither parent can abandon their child's needs without being charged criminally. And, unless a support order expressly requires that one parent provide necessaries, then that parent cannot be held in contempt for failing to do so. Ultimately, were a parent to show a failure to use child support funds to provide for a child, the court would likely reverse custody, or if neither parent was fit to care for the child, then the court would order the child into foster care, and order each parent to pay child support to the foster care provider.Put in legal terms, "In equity, the parents' obligation to support and educate their children is an obligation enforced whenever equity has jurisdiction on equitable principles in light of facts of individual case...." Greenspan v. Slate, 12 N.J. 426, 97 A.2d 390(NJ Supreme Ct. 6/1/1953).So, if there is a dispute on this issue, then you will have to ask the court to make express orders, so that each parent clearly knows his/her obligation under the support provisions. Hope this helps.
So basically you are saying it will have to be determined by the judge who has been dealing with our divorce since 2011. I do not believe he will be at all happy to see us back in his courtroom. Can you please clarify that I am not out of line for wanting a licensed psychologist that participates in our healthcare plan to be engaged.
Just so you know the X asked for and was granted (by me) a 50.00 dollar cut in child support monthly.
I am not out to cause issues regarding the clothing but the X has my son Wednesday overnight and then the next week two overnights. To expect me to provide clothing for him every time is a downright nuisance. I thought my lawyer had made it clear that he needed to provide clothing but it appears that is not the case.
This does help. Thank you very much. 2,516 more days and it will all be over. Have a good weekend.