Save your receipts!
January 2017 | Alison Leigh Epilone, Esq.Throughout my years of practice, I have represented countless clients in post-judgment or post-order child support enforcement matters in both the Supreme and Family Courts of New York State.
These are matters that arise after (post) a divorce and/or a family court proceeding where the Judgment of Divorce and/or Child Support Order has been finalized.
Child support in New York is governed by the Child Support Standards Act (CSSA), codified in Section 240 of the Domestic Relations Law and Section 413 of the Family Court Act.
There, apart from basic child support (intended to cover food, shelter and clothing), the CSSA defines and requires contribution to add-on expenses – unreimbursed medical, childcare and extraordinary educational expenses (not including college).
The CSSA obligates each parent to contribute to the aforementioned add-on expenses in proportion to their respective incomes, known as the “pro-rata” share. Notably absent from the CSSA is the inclusion of extracurricular activity expenses, but parents are free to agree to the payment of these expenses.
Regardless of whether the parents have been Court Ordered or voluntarily agreed (in an agreement incorporated into a Court Order) to contribute to a child’s add-on expenses, my clients have encountered various issues when it comes to reimbursement.
Consider the following hypothetical situation:
Parent 1 takes their child to the eye doctor and purchases the child glasses (an add-on expense); the child’s glasses amount to $300, and Parent 1 pays by credit card.
Parent 1 then writes Parent 2 an email with his request for reimbursement of Parent 2’s pro-rata share or $150 (for illustrative purposes, let’s assume the parties obligation for add-on expenses are equal 50/50).
Parent 2 does not reimburse Parent 1 the $150, so Parent 1 consults with an attorney as to how to obtain Parent 2’s reimbursement.
The following is a typical exchange during the consultation:
Attorney: What does your Agreement/Order say with regard to reimbursement of add-on expenses (the Agreement/Order should be brought to the consultation for the attorney’s reference)?
Parent 1: The Agreement/Order requires the non-paying parent to reimburse me within 30 days of my request.
Attorney (assuming 30 days have passed): How was the proof of the expense for which you are seeking reimbursement provided to Parent 2?
Parent 1: I sent an email to Parent 2 informing her of the expense and the amount of her share.
Attorney: Did you provide Parent 2 with the invoice and proof of payment (copy of the credit card receipt)?
Parent 1: No.
Attorney: Do you have a copy of the invoice and proof of payment of the glasses?
Parent 1: Yes.
Attorney: This needs to be provided to Parent 2 before filing an application seeking reimbursement.
The following situation could also transpire:
Attorney: Did you provide Parent 2 with the invoice and proof of payment (copy of the credit card receipt)?
Parent 1: Yes, I provided it as an attachment to my email.
Attorney: Does the agreement provide for any default provisions and the steps necessary to take prior to filing any applications (the attorney should review)?
*Many agreements have a “Default” and/or “Notice” Article that requires the paying party to serve a Notice of Default, give the non-paying party an opportunity to cure the default, and if they do not, then file an application with the Court. However, a default notice should be provided (by certified mail with return receipt requested) to the non-paying party prior to seeking judicial intervention.
Parent 1: My agreement requires me to send a Notice of Default.
Attorney: Send Parent 2 a letter, together with the invoice and proof of payment and wait the requisite time period provided in the agreement for Parent 2 to cure. At that point, if there is no cure, we can discuss filing an application for enforcement/violation/contempt or the like.
More often than not, I will meet with clients who do not have invoices and proof of payment, or may have an invoice but not proof of payment, or vice versa. While it is likely that the paying parent actually paid the expense, it would be difficult – if not impossible – to obtain a favorable Court Order without both the invoice and proof of payment (credit card receipt, cash receipt, canceled check, etc.).
Make sure to keep all invoices and proof of payment for any add-on expenses that are shared between you and the other parent. In addition, be sure to provide the non-paying party notice along with proof of the add-on expenses. Finally, it’s important to read your Agreement/Order to ensure your compliance with its provisions.
If you have any questions about this topic, feel free to contact me at 631-231-1450, ext. 205.
These are matters that arise after (post) a divorce and/or a family court proceeding where the Judgment of Divorce and/or Child Support Order has been finalized.
Child support in New York is governed by the Child Support Standards Act (CSSA), codified in Section 240 of the Domestic Relations Law and Section 413 of the Family Court Act.
There, apart from basic child support (intended to cover food, shelter and clothing), the CSSA defines and requires contribution to add-on expenses – unreimbursed medical, childcare and extraordinary educational expenses (not including college).
The CSSA obligates each parent to contribute to the aforementioned add-on expenses in proportion to their respective incomes, known as the “pro-rata” share. Notably absent from the CSSA is the inclusion of extracurricular activity expenses, but parents are free to agree to the payment of these expenses.
Regardless of whether the parents have been Court Ordered or voluntarily agreed (in an agreement incorporated into a Court Order) to contribute to a child’s add-on expenses, my clients have encountered various issues when it comes to reimbursement.
Consider the following hypothetical situation:
Parent 1 takes their child to the eye doctor and purchases the child glasses (an add-on expense); the child’s glasses amount to $300, and Parent 1 pays by credit card.
Parent 1 then writes Parent 2 an email with his request for reimbursement of Parent 2’s pro-rata share or $150 (for illustrative purposes, let’s assume the parties obligation for add-on expenses are equal 50/50).
Parent 2 does not reimburse Parent 1 the $150, so Parent 1 consults with an attorney as to how to obtain Parent 2’s reimbursement.
The following is a typical exchange during the consultation:
Attorney: What does your Agreement/Order say with regard to reimbursement of add-on expenses (the Agreement/Order should be brought to the consultation for the attorney’s reference)?
Parent 1: The Agreement/Order requires the non-paying parent to reimburse me within 30 days of my request.
Attorney (assuming 30 days have passed): How was the proof of the expense for which you are seeking reimbursement provided to Parent 2?
Parent 1: I sent an email to Parent 2 informing her of the expense and the amount of her share.
Attorney: Did you provide Parent 2 with the invoice and proof of payment (copy of the credit card receipt)?
Parent 1: No.
Attorney: Do you have a copy of the invoice and proof of payment of the glasses?
Parent 1: Yes.
Attorney: This needs to be provided to Parent 2 before filing an application seeking reimbursement.
The following situation could also transpire:
Attorney: Did you provide Parent 2 with the invoice and proof of payment (copy of the credit card receipt)?
Parent 1: Yes, I provided it as an attachment to my email.
Attorney: Does the agreement provide for any default provisions and the steps necessary to take prior to filing any applications (the attorney should review)?
*Many agreements have a “Default” and/or “Notice” Article that requires the paying party to serve a Notice of Default, give the non-paying party an opportunity to cure the default, and if they do not, then file an application with the Court. However, a default notice should be provided (by certified mail with return receipt requested) to the non-paying party prior to seeking judicial intervention.
Parent 1: My agreement requires me to send a Notice of Default.
Attorney: Send Parent 2 a letter, together with the invoice and proof of payment and wait the requisite time period provided in the agreement for Parent 2 to cure. At that point, if there is no cure, we can discuss filing an application for enforcement/violation/contempt or the like.
More often than not, I will meet with clients who do not have invoices and proof of payment, or may have an invoice but not proof of payment, or vice versa. While it is likely that the paying parent actually paid the expense, it would be difficult – if not impossible – to obtain a favorable Court Order without both the invoice and proof of payment (credit card receipt, cash receipt, canceled check, etc.).
Make sure to keep all invoices and proof of payment for any add-on expenses that are shared between you and the other parent. In addition, be sure to provide the non-paying party notice along with proof of the add-on expenses. Finally, it’s important to read your Agreement/Order to ensure your compliance with its provisions.
If you have any questions about this topic, feel free to contact me at 631-231-1450, ext. 205.