Divorce Dilemma: Who Pays for Back-to-School Expenses?

print
Divorce Dilemma: Who Pays for Back-to-School Expenses?

It’s back-to-school season, and for divorced or separated parents, the question is: Who is paying for the expensive TI-84 calculator their child needs for class?

Does child support cover the cost of school supplies?

Child support doesn’t cover the costly tab of #2 pencils, paper, clothes and computers, which runs on average $600 per child, adding more stress to what can already be a tense situation between parents.

School supplies tend to become out-of-pocket expenses, often falling in the hands of the custodial parent.

 

What does child support ordinarily cover?

Child support to the custodial parent is supposed to cover a child’s basic needs. It includes:

  • Housing
  • Food
  • Clothing

As all parents know, the costs of raising a child involve more than just these basics, especially during back-to-school season. And unless there is a change of employment status, the court will ordinarily not modify child support.

What should we do to split the costs of school supplies?

Create or update a co-parenting plan

Because these kinds of payment questions aren’t answered by child support orders, this is the time for a solid co-parenting plan. Back-to-school is the second most expensive season of the year (after the end of year holidays), and few people can anticipate all the out-of-pocket expenses, such as:

  • Computers
  • Backpacks
  • Registration fees
  • Musical Instruments
  • Sports equipment
  • Transportation
  • Tuition and more

Cooperation goes a long way to helping exes–and their children handle it.

How should we split the cost of back-to-school expenses?

Two ways we recommend dividing the expenses include:

“Split the baby”

You can share these expenses evenly. Together, you can decide on who will pay for what and how the payments will be made in a timely manner. Sometimes it is easiest to split all expenses down the middle.

Use income ratios

Sometimes, one parent makes significantly more than the other. Another way to divide the cost is by using income ratios. If one parent pays 60% for medicine, they could pay 60% for back-to-school costs.

Put the animosity aside

A word of caution: the conversation can veer off the rails if one parent makes significantly more than the other, leading to a battle over an uneven split. Remember the bigger picture, which is taking care of the children. Often, those are split using the out-of-pocket health expenses reimbursement formula.

Once a plan is made, communicating through back-to-school season helps alleviate stress and avoid unnecessary conflict. Make sure everyone keeps receipts. Working these issues out ahead of time reduces the impulse to buy two sets of supplies, one set for each parent’s home. It can also reduce the “can you top this?” spending wars that have parents locked in a competition to shower the child with expensive supplies. Those disputes not only drive up costs, but they cause more resentment and tension.

When to speak with an attorney

If you need assistance with child support issues, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.


About the Authors

Attorney Alan Plevy

Alan Plevy

Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.

Attorney Kyung (Kathryn) Dickerson

Kyung (Kathryn) Dickerson

Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.