Legal Question in Family Law in California

My ex wife has our 2 children primarily living with her and pay her 600.00 a month in child support collectively for both of them. She has E-mailed me recently about some incidentals expenses that she has to address at the beginning of the school year, i.e,school bus passes, registration fees, gym clothes and assorted school expenditures. Am I obligated to give her half of that. She insists that these are not monthly expenses and thus don't fall into the catagory of child support. What should I do?


Asked on 7/25/10, 2:36 am

1 Answer from Attorneys

Myava Escamilla Law Offices of Myava R. Escamilla

You mention that it's your ex-wife - if you already have a judgment, look at that first. Does any language or clauses in there provide for this area? Typically, a Court will order that certain expenses - such as medical expenses - are divided evenly. However, if your judgment does not provide for school incidentials, you may not liable for them until a Court orders as much.

However - practically speaking - it may be better to share some of those expenses for which she's asking. At least for in a reasonable amount and after you're provided copies of receipts, which you can keep for tax purposes. The reason that I say this is because she may file an OSC in court, set a hearing and then get that order from your Judge. Attending the OSC is going to be at least 1/2 a day in court for which you will lose work time and not be compensated. And if you hire an attorney, it will be at least a few thousand dollars. And you will not be building up any goodwill from her side...but keep the amount reasonable and make sure you have the correct documentation

I hope this helps & good luck!

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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Answered on 7/25/10, 8:46 am


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