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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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Florida case, parenting plan reads "Each parent has an equal

Customer Question

Florida case, parenting plan reads "Each parent has an equal responsibility to support the child but in view of their earning capacities the Father shall pay to the Mother". Then it state s "The parties shall equally divide all expenses of the minor children, including , but not limited to, extra circular activities, school supplies, school clothing, school activities, social activities, summer camps, etc." He has not purchased them personal items such as socks, underwear, clothing, shoes, swim suites ect. Since we were in court 3 years ago at which time I am certain his attorney told him to get them stuff for his house. Is it my responsibility to provide the above stuff when it is his parenting time?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

No. Aside from any child support the court ordered, each parent is responsible for the child's needs while in their care and custody.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

And If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here.

Thank you

Customer: replied 1 year ago.
Ok, but I also asked if a judge would find him in contempt, I have copied and pasted the information again for your review so you know the exact circumstances. Please remember that this is a Florida case.Hello this is a Florida case and my parenting plan reads "Each parent has an equal responsibility to support the child but in view of their earning capacities the Father shall pay to the Mother"....
Then it state"The parties shall equally divide all expenses of the minor children, including , but not limited to, extra circular activities, school supplies, school clothing, school activities, social activities, summer camps, etc."
My children have played multiple sports since they were 4, inducing competitive soccer, pop warner football, baseball taekwondo. When my oldest son entered high school he quit all out side sports with the exception of travel baseball in hope to get a scholarship to play ball in college. My ex refuses to pay for any of the travel ball, he also refuses to pay for SAT/ ACT, testing his learners permit testing for driving, year books, books bought at book fairs. and the last thing he refused to pay part of is for there socks in Underwear I bought for them for school. He stated" I'm not paying for the underwear and socks that is normal clothing items that can be taken out of the regular child support."
He has not purchased them anything personal items such as socks, underwear, clothing, shoes, swim suites ect. Since we were in court 3 years ago at which time I am certain his attorney told him to get them stuff for his house.Will the judge find him in contempt for refusing to pay for the items I has listed such as the travel ball, SAT/ACT testing, learners permit testing ect? And is it my responsibility to provide the above stuff when it is his parenting time, especially if he refuses to pay half of it when it is bought for school?
Expert:  Samuel II replied 1 year ago.

Hello

You state " I also asked if a judge would find him in contempt?"

Yes. If he is requesting you to pay for those things while in his care - that would be contempt. If he is being negligent and the kids are suffering from him not providing those things on his time it would also be contempt.

Expert:  Samuel II replied 1 year ago.

I suggest what you want to consider is this

Expert:  Samuel II replied 1 year ago.

Gather the cost of all the items you have been paying for out side of food, shelter and clothing - underwear, by the way, would be part of the child support and not anything extra, unless is a special type needed for an extra curricular

And then write him a letter and tell him he is responsible for half of the items that you have been paying for

Expert:  Samuel II replied 1 year ago.

Make a request for his share. Tell him you will give him 14 days to make the payment or you will file a contempt proceeding and also request the court to order any of your legal fees associated with the contempt because of his failure to settle this out of court

Expert:  Samuel II replied 1 year ago.

If you don't get the payment within 14 days of his receipt of the letter then file the contempt. I suggest you should mail that letter to him certified with a return receipt requested so that you can see when he received it to begin your 14 day count. And you also can use that to show the court you contacted him and tried to settle the matter out of court

Expert:  Samuel II replied 1 year ago.

And that is why you are also requesting the court to hold him accountable for your fees in association with the contempt proceeding.

Now, the court will find him in contempt. But they will not issue a judgment for the money. You would need to file in small claims court to collect. And you can file in small claims court on your own for up to $5000

Expert:  Samuel II replied 1 year ago.

If what he owes is more, then you will need to go to the next level and would want to consider a local attorney to help you with that suit. If you file in small claims, you can get the forms from the clerk of the court in the county where he lives and file there.

Expert:  Samuel II replied 1 year ago.

I apologize that I did not answer the contempt question at the onset. Though in review of your original post, I do not see where you asked about it And you wrote

Florida case, parenting plan reads "Each parent has an equal responsibility to support the child but in view of their earning capacities the Father shall pay to the Mother". Then it state s "The parties shall equally divide all expenses of the minor children, including , but not limited to, extra circular activities, school supplies, school clothing, school activities, social activities, summer camps, etc." He has not purchased them personal items such as socks, underwear, clothing, shoes, swim suites ect. Since we were in court 3 years ago at which time I am certain his attorney told him to get them stuff for his house. Is it my responsibility to provide the above stuff when it is his parenting time?"

Expert:  Samuel II replied 1 year ago.

And so the question I originally answered was

" Is it my responsibility to provide the above stuff when it is his parenting time?"

I would have answered about the contempt at the onset, had it been asked.

Thank you for understanding that I can only answer what you ask.

Customer: replied 1 year ago.
Oh, I see. I am sorry I was on hear early and post the entire summary of the situation. I continued to look for answers and came across a different question area that would not accept the whole thing. I thought you were answering my first attempt.So, in summary... He does not have to pay for the socks and underwear with the school supplies but should be providing them for his house, which he is not. As far the baseball, learners permit, ACT?SAT testing cost. years books ect. he would be held in contempt for not paying those items. I does state in our papers that if one has to pursue with legal service due to the fault of the other then the one at fault would be held responsible.for the cost, so he would have to pay for the attorney and court cost as well, right?
Expert:  Samuel II replied 1 year ago.

Hello

Thank you for the clarification and understanding

1 -He does not have to pay for the socks and underwear with the school supplies but should be providing them for his house, which he is not - YES. That is correct.
2 - As far the baseball, learners permit, ACT?SAT testing cost. years books ect. he would be held in contempt for not paying those items - FOR NOT PAYING HIS SHARE OF THOSE ITEMS. They would be shared expenses.
3- I does state in our papers that if one has to pursue with legal service due to the fault of the other then the one at fault would be held responsible.for the cost, so he would have to pay for the attorney and court cost as well, right? - YES. That is correct.

Expert:  Samuel II replied 1 year ago.

Again, thank you for your clarification and understanding that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

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