Getting Reimbursed for Child Related Expenses - Jonathan M. Stanley

Raising children is expensive. These expenses get even more complicated when you and the other parent are no longer together. Whether you are the parent that is receiving child support or the one paying it, there are going to be additional expenses that need to be covered. If you have already been to Court and received a parenting Order, chances are that the order divides up how certain expenses are to be divided up between the parents.

What can I seek reimbursement for? -

If there is already a child support order in place, but there isn’t a parenting Order from the Court, child support is going to be used for all child related expenses and there is not a way to seek additional reimbursement. Contrary to popular belief absent a parenting order, child support is to be used for all of the following items:

• Basic necessities such as food and clothes;

• Medical care;

• School related expenses;

• Daycare;

• Transportation expenses;

• Entertainment;

• Extracurricular activities;

• College expenses.

However, if you have already been to Court and have a parenting Order in place, it is very common for that document to break down how some of the specific categories listed above are to be divided between the parents. This can be true whether you have Shared Parenting or Sole Custody. The Order will typically establish percentages for which each parent is responsible. (i.e. Mother will pay 60% and Father will pay 40% of any extracurricular activities) It is important that you are familiar with your specific Order so that you can separate the expenses for which you can seek reimbursement from the other parent.

How do I seek reimbursement?

Once you are familiar with the types of expenses that you can seek reimbursement for, you will want to keep accurate records of those expenses. Once an item is paid, you will want to keep a copy of the receipt. You will send a copy of this receipt over to the other parent as proof that you paid the expense and request to be reimbursed for his/her percentage. Typically, the Order will specify the number of days that the other parent has to reimburse the requesting party. If the Order does specify the amount of time, a Court will typically allow the other party to have a reasonable amount of time to pay.

What do I do if the other party refuses to pay?

If the other parent refuses to properly reimburse you for expenses, your response would be to file a Contempt Motion with the Court. A Contempt Motion alleges that the other parent was legally required to do an action by a Court Order and they have failed to do so without justification. We have already written a more extensive article to give you the basics of Contempt Motions HERE.

However, if failure to pay is an isolated event, or the other parent has a valid excuse, the Court is unlikely to rule in your favor. The key to a successful Contempt Motion is to demonstrate consistent disregard for Court orders over an extended period of time. If you are successful, the Court can make the other parent pay your attorney fees as well as impose additional fines and sanctions against them. In extreme cases the Court can order jail time. Additionally, in extreme cases you may want to consider asking the Court to reconsider the terms of your parenting plan.

If you are currently going through these issues, please consider reaching out to our office to discuss your options as part of a free consultation. You can give us a call at (614) 670-8103.

- Jonathan M. Stanley, Esq.