Legal Assistance with Parenting Plans

Questioner

Dear, During my divorce, a parenting plan and an agreement were drawn up, as usual. The parenting plan includes a section stating that unusual expenses are the joint responsibility of the parents. The stipulation is that "it will be determined by mutual agreement whether or not these expenses will (have to) be incurred, and if so, how much." My ex recently went to the optician with my youngest daughter (17 years old), and they decided to get contact lenses to replace her glasses. This, of course, comes at a cost. What I have a problem with is the fact that there was no consultation at all. I raised this issue and was told “it had to be resolved as quickly as possible.” There was no consultation and that bothers me. I believe that I am not obliged to contribute since everything was handled completely without consultation. Suppose I don't contribute, what options does my ex have to force me to pay and what can I do about it? Thank you very much for the feedback.

Questioner

Strictly speaking, you are right. It is not done as a parent to break agreements. The fact is that as parents you are jointly responsible for the costs of raising and caring for your children. Failure to comply with agreements does not change this, but you can – for the time being and to make a statement – ​​maintain your position and not pay. Legally, your ex should demand payment, and if you don't, they can ultimately go to court to enforce it. A lawyer will also write you a letter beforehand. Offsetting this payment against alimony is not permitted. In family law matters such as divorce and visitation and care arrangements, the parties each bear their own costs, so your ex will not be likely to hire a lawyer or initiate legal proceedings. At that stage - if your ex is indeed willing to go that far - you can still pay if you wish to avoid legal proceedings. Do you have any questions? Please feel free to ask.