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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My divorce was finalized on June 1. On September 29th, through

Customer Question

My divorce was finalized on June 1. On September 29th, through the Motion, the Extracurricular Activities (Language and gym / dance classes) payment has been established. Now my ex-wife is looking for me to pay 1/2 for our daughter’s 9th Birthday, even though the birthday falls on the day the daughter is with the mother. In her email, she never even invited me to the birthday. Do I have to? I have both of my children (daughter and son) over 6 out of 14 nights and never ask for monies when I take them places or buy things for them. The child support I am paying, compensates the mother $400 per month for the 5 “extra” nights she has the children. This is over and above shared childcare and medical insurance expenses. Also, I am planning on doing a second birthday party for my daughter where I will invite relatives from my side of the family. There is nothing in the Judgment saying anything about minors’ birthday. Does she have any legal argument here against me? Thank You.
Submitted: 7 years ago.
Category: Family Law
Expert:  Samuel II replied 7 years ago.



No. You are under no obligation to pay anything toward the party she is having for your daughter. She would not have grounds, based on the "extra curricular" agreement you present here.


She has her party and you will have yours.


If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you





Edited by Samuel-II on 10/1/2010 at 6:08 PM EST
Customer: replied 7 years ago.

Just to clarify. Regardless of extracurricular activites, birtday parties', however large or small, however "for the best interest of the child" expensive, are the sole responsibilities of the Parent that has the physical custody of the child for that day?

Expert:  Samuel II replied 7 years ago.



Yes. Unless that is specifically set forth as "birthday parties" in an agreement somewhere.

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