Legal Question in Family Law in Florida
Who pays expenses while visiting Dad for the summer?
I have custody of my five year old son from a relationship in which we were not married. I took his father to court when my son was two to establish paternity and child support. Since then, he has been excellent about paying on time and taking my son every other weekend and one night a week for visitation. However, I recently moved to TN with his blessing, and now my son will only be visiting his father during the summer. Even though his father will only have him for five weeks for the next year, he feels I should pay for the summer camp he has to put him in while he works. He said it's an expense he would not normally have since I would have paid for it if I hadn't moved. He argues his child support money should pay for it. I feel since he won't be taking him for regular visitation anymore, he should be responsible for all expenses during my son's summer visits. Is there a legal opinion on this? Thanks!
2 Answers from Attorneys
Re: Who pays expenses while visiting Dad for the summer?
I would consider taking dad back to court to increase the child support. He will only have the child approximately 8 weeks during the summer. Therefore, you would be entitled to more support. You may use this argumemt to make him pay for the camp.
Re: Who pays expenses while visiting Dad for the summer?
I would suggest since you appear to have an amicable relationship with the child's father, and that he enjoys the time with the father, that a compromise position could be reached. I do not know the state of jurisdiction in your case, but in TN, the cost of extracurricular activities are usually split between the parents. Conceivably, this could be interpreted as such, and the parties can split the costs of the camp. Again, in TN, the judge may determine that since you were the one who relocated, the costs related to such move are borne entirely by you, or the judge could make some other decision based on the child's best interest. You would need to check with an attorney in the state of jurisidiction to get more specific advice.