Child Support - -
What of Extracurricular Activities..??
Extracurricular Activities ARE included in Child Support (pursuant to the Child Support Guidelines). |
In Published Decision "Elron", there existed a Child Support Order (pursuant to the Child Support Guidelines). Defendant successfully challenged supplemental child support added for extracurricular activities. The court held, inter alia, that Extracurricular Activities ARE included in Child Support (pursuant to the Child Support Guidelines).
SNIPPETS:
As to the cost of children's activities, the Guidelines specify a child support award includes entertainment expenditures, specifically "[f]ees, memberships and admissions to sports, recreational, or social events, lessons or instructions, movie rentals, televisions, mobile devices, sound equipment, pets, hobbies, toys, playground equipment, photographic equipment, film processing, video games, and recreational, exercise or sports equipment." Pressler & Verniero, supra, comment 8 on Appendix IX-A to R. 5:6A at 2631- 32. Guidelines support may be supplemented by court approved extraordinary expenses, which are. . .
predictable and recurring expenses for children that may not be incurred by average or intact families such as private elementary or secondary education, special needs of gifted or disabled children, and NCP/PAR time transportation expenses. The addition of these expenses to the basic obligation must be approved by the court. If incurred, special expenses that are not predictable and recurring should be shared by the parents in proportion to their relative incomes (i.e., the sharing of these expenses should be addressed in the general language of the order or judgment). Special expenses not included in the award should be paid directly to the parent who made or will make the expenditure or to the provider of the goods or services. [Pressler & Verniero, supra, comment 9 on Appendix IX-A to R. 5:6A at 2633.]
Finally, use of the Guidelines is rebuttable, as "[t]he [G]uidelines may be modified or disregarded by the court [] where good cause is shown," including "the presence of other relevant factors which may make the [G]uidelines inapplicable or subject to modification . . . ." R. 5:6A.
In her opinion, the trial judge did not explain why she deviated from the Guidelines by adding child-care and extracurricular activity costs as supplemental support. Reviewing the record we find plaintiff's assertions of need were not evidentially supported; they merely reflect her opinion. Such testimony fails to establish the "good cause" necessary for disregarding the Guidelines provisions. Ibid.
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3/5/15