Have a question concerning variable expenses?
We took my boyfriends ex-wife back to court for more custody and was granted extra time during the summer and misc. placement dates. With the new amount of time, it is considered a shared placement and child support was reduced by XX amount of dollars. In shared placement child support order the Court Commissioner orders each party to a certain percentage towards the variable expenses, usually by the amount of time you have the child.
This is the wording from new order for child support:
B. That Variable expenses shall be shared between the parties with the Petitioner paying seventy (70%) percent and the Respondent being responsible for thirty (30%) percent of said expenses. However, said variables expenses shall not include the private school tuition for the parties minor child. The party incurring the variable expense shall forward proof to the other parent within thirty (30) days with reimbursement being due thirty (30) days thereafter."<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
Has not been a problem with us, and have faithfully reimburse promptly our 30% whenever the was a expense submitted to us with in days of submission and our medical expense of 50% also reimburse promptly within a couple of days.
Since we have his daughter for 8 weeks, we have signed her up for 6wks of swimming, 6 wks of volleyball, Boys and Girl's Club and Red Cross Babysitting Course during the summer, with a cost of $255.00. We have paid the total cost for these courses and she has started the first course of RCBC today.
We submitted to his exwife with the registration reciepts from all the programs along with the cancelled checks as proof on May 27,2011. We received a email two days later with reguards to the receipts of programs and that since she was not informed or her input of these programs, that she is not going to pay any of our expense quoting that it was a entertainment expense and not a variable expense.
In our new CO from the court it also states: Activities in which the child partcipates, including hunting, shall be at the discretion of the parent with placement at the time the activities occur. So we did not have to confer with her about any of the programs and none of these programs interfers with her placement over the summer, all programs are on our placement and days.
I was under the inpression that these programs are a variable expense according to what the law in our state says about variable expense. Here is the law:
(3) "Basic support costs" means food, shelter, clothing, transportation,<o:p></o:p>
personal care, and incidental recreational costs.
Are we wrong with assuming that these summer programs are a variable expense that should be reimburse within 30 days the 70% from his exwife??
Anyone who has dealed with variable expenses before would be a great help for us. I am preparing to send out a email about what I have quoted here and the wording in all the orders and asking again for her 70% but I wanted to get some input from others before I send.
Thanks ahead for anyones help.
We took my boyfriends ex-wife back to court for more custody and was granted extra time during the summer and misc. placement dates. With the new amount of time, it is considered a shared placement and child support was reduced by XX amount of dollars. In shared placement child support order the Court Commissioner orders each party to a certain percentage towards the variable expenses, usually by the amount of time you have the child.
This is the wording from new order for child support:
B. That Variable expenses shall be shared between the parties with the Petitioner paying seventy (70%) percent and the Respondent being responsible for thirty (30%) percent of said expenses. However, said variables expenses shall not include the private school tuition for the parties minor child. The party incurring the variable expense shall forward proof to the other parent within thirty (30) days with reimbursement being due thirty (30) days thereafter."<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
Has not been a problem with us, and have faithfully reimburse promptly our 30% whenever the was a expense submitted to us with in days of submission and our medical expense of 50% also reimburse promptly within a couple of days.
Since we have his daughter for 8 weeks, we have signed her up for 6wks of swimming, 6 wks of volleyball, Boys and Girl's Club and Red Cross Babysitting Course during the summer, with a cost of $255.00. We have paid the total cost for these courses and she has started the first course of RCBC today.
We submitted to his exwife with the registration reciepts from all the programs along with the cancelled checks as proof on May 27,2011. We received a email two days later with reguards to the receipts of programs and that since she was not informed or her input of these programs, that she is not going to pay any of our expense quoting that it was a entertainment expense and not a variable expense.
In our new CO from the court it also states: Activities in which the child partcipates, including hunting, shall be at the discretion of the parent with placement at the time the activities occur. So we did not have to confer with her about any of the programs and none of these programs interfers with her placement over the summer, all programs are on our placement and days.
I was under the inpression that these programs are a variable expense according to what the law in our state says about variable expense. Here is the law:
(29) "Variable costs" means the reasonable costs above basic<o:p></o:p>
support costs incurred by or on behalf of a child, including but not<o:p></o:p>
limited to, the cost of child care, tuition, a child's special needs,<o:p></o:p>
and other activities that involve substantial cost.<o:p></o:p>
The definition of "basic support cost" according to DWD40 is: (3) "Basic support costs" means food, shelter, clothing, transportation,<o:p></o:p>
personal care, and incidental recreational costs.
Are we wrong with assuming that these summer programs are a variable expense that should be reimburse within 30 days the 70% from his exwife??
Anyone who has dealed with variable expenses before would be a great help for us. I am preparing to send out a email about what I have quoted here and the wording in all the orders and asking again for her 70% but I wanted to get some input from others before I send.
Thanks ahead for anyones help.