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Clothing

Started by Bradley, Jan 11, 2006, 05:04:12 PM

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Bradley

I know this seams silly,
 but who is to provide the clothing for the child when the child is being returned to the CP at the time school resumes?
I have sent school clothes over at the beginning of the year and have been sending my daughter in the school uniforms that we paid for but have a really hard time getting the clothes back.
I have plenty of clothing for my daughter at my house for when she is here, but when she is going back to her mothers, I think her mother should provide and outfit for her to wear back.
I pay child support and provide clothing for our house and can't continue to replenish the supply just because her mother does not want to send it back. I also have supplied things her mother doesnt buy such as tennis shoes and coats, but want them back after a reasonable amount of time
What can be done about this?
Do you think this is petty?

socrateaser

>I know this seams silly,
> but who is to provide the clothing for the child when the
>child is being returned to the CP at the time school resumes?
>I have sent school clothes over at the beginning of the year
>and have been sending my daughter in the school uniforms that
>we paid for but have a really hard time getting the clothes
>back.
>I have plenty of clothing for my daughter at my house for when
>she is here, but when she is going back to her mothers, I
>think her mother should provide and outfit for her to wear
>back.
>I pay child support and provide clothing for our house and
>can't continue to replenish the supply just because her mother
>does not want to send it back. I also have supplied things her
>mother doesnt buy such as tennis shoes and coats, but want
>them back after a reasonable amount of time
>What can be done about this?
>Do you think this is petty?

Not petty at all. The custodial paarent is responsible for providing the necessities of life. You are responsible for helping to pay for them. If you're having to provide them, then the other parent is obtaining an unjust benefit at your expense, and you're entitled to reimbursement. You can file a motion for clarification with the court and present all your receipts and ask that the court give you restitution for the cost of clothes that you've provided and order the other parent to provide the necessary clothing.

However, if we're not talking about more that $500 in the past year, the the court will probably decide that you've been gifting stuff. The judge will still order the other parent to start providing clothes, but you probably won't get any money back. But, if it's $500+, then the judge should get annoyed, unless you're rich, in which case you wouldn't be posting here -- you'd just call your attorney.

Bradley

Wow I really thought I was being silly is there anything in print so I can print it out and show her that?
 I might be able to handle it outside of court.  

Also how do you file pro se on something like this? or anything for that matter?
A law library?
Big help... Thanks

socrateaser

>Wow I really thought I was being silly is there anything in
>print so I can print it out and show her that?

I'd have to research precedential case law from your jurisdiction and I don't have time.

As a practical matter, this is one of those areas where you will have enormous difficulty proving your case, therefore, my advice to you is that you stop and do not let the child take any clothes with him/her, unless you have resolved in your mind that you will never see the clothing again (because you won't).

When the child comes to visit, have the child change clothes, put those clothes aside, have the child wear your clothing while he/she's with you, then dress the child back in the clothes that the child came in and send the child back.

But, if you let that clothing out of your sight, you're not gonna see it again. This is a power trip by the other parent, and you must completely remove the possibility of that parent continuing to exercise power.

So, any clothes that you buy for the child, STAYS at your home -- no exceptions. And, any clothes that comes with the child from the other home, goes back with the child.

>Also how do you file pro se on something like this? or
>anything for that matter?

Save your money for the clothes.