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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Good Evening. My divorce was finalized in June 2013. The X

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Good Evening. My divorce was finalized in June 2013. The X was ordered to pay child support, "Shall be due on the first day of each month. Shall the husband be more than 10 days late with any payment of child support, all future child suport payments shall be made through the Probation Department" This is now the second month and each time he has not paid by the first. Last month was the 10th and today is now the 9th. He is taking the liberty of this clause to extend his payment until the 10th (assuming he will pay by tomorrow). My question is can't I at ANY time decide to go through probation or does the wording of this agreement bar me from applying through the probation department. In addtion he was ordered to pay half of the kids extracirccular activites. I emailed him about an activity for my daughter no response. I then did the activity in the month of august at my expense and emailed him again saying since he raised no objections I enrolled my daughter in said activity on a regular basis. Again no response. What is his obligation to pay for half of this activity? The wording of these activites is as follows: "Such expenditures will not be undertaken by either party without consent of the other party, which consent will not be unreasonably withheld" I gave him the opportunity to object he did not respond at all therefore I moved forward. What is his obligation to pay his portion of this activity. I thank you in advance for your assistance.

Chris T., JD :

Good evening. I'll be assisting you with your question.

Chris T., JD :

First, regarding the payment issue, unless he violates the court's order, the judge is very unlikely to require payment to probation. Essentially, the 10 days is a grace period. Like many people, he's using the entire grace period. It may be frustrating and unfair, but unless he's late, you can't force payment through probation.

Chris T., JD :

That said, there isn't anything stopping you from asking the judge about it, but in reality, it's unlikely to happen.

Chris T., JD :

Regarding the extracurricular activities, as long as you've made reasonable efforts to inform him, and he's just chosen to ignore you, he's still liable for paying his half.

Chris T., JD :

In other words, he can't circumvent the order simply by not replying.

Chris T., JD :

On top of that, the order states that he can't reasonably withhold consent. So, assuming the activities are reasonable, he can't withhold consent anyway.

Customer:

Ok Thank you very much. He paid on the first of every month before the judgement. With back to school clothing and school supplies it really stinks that he is doing this but not surprising. The activity is voice lessons for my daughter who is 15 and very much into theater arts and plans on trying to make a career in this field. There are no other activites for either of my children and this sole activity is actually to solidify her position and her college/career path. I very much appreciate your assistance.

Chris T., JD :

Glad to help!

Chris T., JD :

Do you have any questions?

Customer:

No more quesations. Your answer covered it all and was excellent. Thank you very much and have a good night

Chris T., JD and 3 other Family Law Specialists are ready to help you
Thanks for the positive rating and the bonus! If you have any questions in the future, you can direct them to me here. Also, you may receive a survey in the near future asking questions about my service. If you have a few moments, please complete it. Hopefully, you've been fully satisfied with my assistance. If not, please let me know. Also, good luck to your daughter!