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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My divorce decree states ("any costs associated with

Customer Question

My divorce decree states ("any costs associated with extracurricular activities such as uniforms , PE clothes)
Does that mean we only have to split the cost for uniforms and PE clothes since those are the only items listed? Do we have to pay half of costs like items that they already have like gloves, shoes, bats, basketballs etc. Also... If we already have school uniforms from last year are we required to buy new uniforms if we have enough for them to wear? Do we have to pay for half of shoes and backpacks that they had from last year just because she wants them to have new stuff?
Submitted: 12 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 12 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

"Such as" means that uniforms and PE clothes are examples of the items that must be split, but it's not an inclusive list. There would be no need to reimburse the other parent for items the children already owned at the time the decree is issued. The decree is only effective going forward, so you wouldn't have to reimburse unless the order said so. When new gloves and bats or balls become required to participate in whatever activities the children are doing, those are all costs associated with them and would be split. Backpacks and shoes are for school (same with books). By definition, those aren't for extracurricular activities unless you were looking at required shoes for a specific sport.

The wording of the order is strange, because PE clothes are required by the school to participate in PE, which is a required course. It's not an extracurricular activity. Neither are school uniforms if the school requires them. You may want to file a Motion to Correct Order asking the judge to fix what has to be an error - either the word "extracurricular" is wrong, or the items listed are wrong, but the order doesn't seem to reflect the judge's true intent. At that point, it would also be possible to ask the judge to say HOW OFTEN you're required to share these costs. The way it's written now, there's no limitation on the other parent, and you have to pay for half of all uniforms she buys.

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Expert:  Lucy, Esq. replied 12 months ago.

Did you have any other questions about this?