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Long Island, NY Child Custody: Who Chooses & Pays Extracurriculars?

by | Feb 27, 2024 | Child Custody and Support NY

From baseball, football and soccer to piano, gymnastics and dance, most children on Long Island, NY have a full schedule of things to do and engage in after school and on weekends. Each of these extracurricular activities may have its merits to the child’s physical and social development, desires and goals, but they also have associated costs. Often, those costs can rise substantially over time, often making it hard for parents to cover the added expenses. In a Long Island, NY divorce, who pays these additional expenses. What should you do if you and your ex cannot agree on who pays for these extracurricular activities or the costs related to them?

At Hornberger Verbitsky, P.C., our experienced divorce attorneys on Long Island, NY, can provide you with case-specific insight into what your responsibilities are in matters such as these. The following are some of the expectations you can have throughout this process.

Extracurricular Activities Are Typically Included in Child Support Payments

In general, the cost of these activities is expected to be paid as a part of child support. In some situations courts will rule on specific extracurricular costs and requirements. For example, if a child’s mother pays child support for their son to the father, that child support payment should cover the son’s extracurricular activities in most situations.

Sometimes, the court will rule on what are considered “add-on” costs. These would be added costs applied in addition to child support payments. Though not typical, you can request it from the other parent and the courts in general.

How to Request Add-On Payments for Child Support in New York

If you wish to change any type of agreement put in place by a New York court, you must file a formal request with the applicable court. However, we suggest a few key things to potentially support co-parenting.

  • Be sure to first talk to an experienced child support attorney in Long Island, NY before making any assumptions. Ensure that you know what your likelihood is of obtaining add-on support.
  • Mediating these matters out of court tends to be more efficient and faster, providing you with insight and guidance immediately.
  • Save these types of add-on requests for serious and significant needs rather than simple minor expenses.

If you are making a decision about where your child should go to school, such as putting your child into a private school, then add-on changes to your existing agreement may be beneficial. However, if you are hoping the noncustodial parent will cover your child’s swim classes or arts group, that is not likely something the court will rule in favor of, instead requiring that these costs are paid out of the child support payment.

In situations like this, when costs begin to add up, such as when a child is getting older and more involved, the court may be in favor of increasing the amount of child support you receive. This often happens only when it is considered in the child’s best interests. Our Long Island, NY, child support attorneys can help you navigate what the court will consider the child’s best interests.

What Are Your Options If You Do Not Agree with the Extracurricular Activities Your Ex Is Enrolling Your Child In?

Under child custody law in New York, the party with legal custody over the child is the decision maker in matters like this. They typically do not need permission from the other parent when a child wants to engage in an activity or when they put a child into an extracurricular activity. However, that only applies to situations where one parent has sole legal custody. Today, many parents have shared legal custody, and that means there are many instances in which such decisions must be made by the parties together. When possible, that is the best route to take.

In situations where you believe the extracurricular activity is detrimental to what is in the best interests of the child, you may be able to seek a court decision related to it. Court intervention on matters like these can be obtained if you believe the best interests of the child are not being met. The court will gather facts from both parents and even include the child’s preferences in some cases and then make a ruling decision about what to expect.

Let Our Experienced Child Support Attorneys on Long Island, NY Offer You Guidance

The Child Support Family Law attorneys at Hornberger Verbitsky, P.C., understand decisions about extracurricular activities are important to all involved. Let our highly experienced child support attorneys in Long Island, NY, offer you guidance on what your legal rights are. Call us now for a consultation at 631-923-1910 or fill in the short form on this page.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
Divorce Lawyer Long Island New York
Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
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Paul Carmichael
16:21 11 Dec 23
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