When a relationship ends, leading to a separation or divorce involving children, it’s common for one parent to be responsible for paying child support, intended to cover the ordinary expenses related to raising and educating the children.
What are ordinary expenses/alimony?
Ordinary expenses possess three defining characteristics: they are periodic, necessary, and predictable. These expenses cover the essential needs for sustenance, housing, clothing, among others, for the children. For instance, ordinary expenses may include clothing, housing, utilities (such as electricity, water, gas), personal hygiene items, medical costs, and expenses related to the child’s leisure activities.
Who covers ordinary expenses?
This is contingent on the type of custody arrangement.
- Shared custody: Each parent bears responsibility for the expenses like food, housing, clothing during their time with the child. Costs beyond daily necessities are typically divided equally.
- Single-parent custody: The non-custodial parent pays child support. Ordinary expenses are included in this support, which is presumed to cover these costs. The amount of child support is determined by the divorce or separation agreement, considering factors like the number of children, parents’ financial status, and the children’s needs.
What are extraordinary expenses?
Extraordinary expenses encompass necessary costs for the children’s upbringing and education that are occasional or cannot be determined when calculating child support. These expenses aren’t periodic or foreseeable but vary over time.
- Necessary extraordinary expenses: These are essential for the children’s development and education, such as glasses, speech therapy, tutoring, or psychological counseling.
- Non-necessary extraordinary expenses: While not crucial, these expenses contribute to the children’s growth and education, such as extracurricular activities, studying abroad, obtaining a driver’s license, or celebrations.
Both parents must agree on incurring these expenses; they need to be consensual.
Usually, these expenses are divided equally between both parents, but a different percentage can be agreed upon in the divorce agreement or determined by the court, depending on the legal proceedings.
Discrepancy over extraordinary expenses?
If there’s disagreement, legal intervention may be necessary. The court determines whether an expense qualifies as extraordinary and decides on payment distribution.
In urgent situations, a parent may unilaterally decide on an expense. Later, they should formally communicate (via registered mail) the expense details and reasons to the other parent. If there’s opposition to paying, the parent incurring the expense can seek legal recourse.