Every parent has her or his own specific notion of the experiences that she or he considers to be integral to her or his child’s formative years. This may include discipline-building activities like participating in team sports. It may mean cultural activities like music or dance. It could mean spiritual opportunities like church camp. While a parent might consider any one (or more) of these essential to a child’s development, the law sees them differently when it comes to paying for these activities and determining a parent’s child support obligation. As a non-custodial parent, one of the keys to maintaining a full and vibrant relationship with your child is making sure that you are not financially overburdened by paying a child support obligation greater than what the law really says it should be. By working with knowledgeable Maryland child support counsel, you can give yourself a better chance of achieving a fair outcome in accordance with what the law dictates.
One example of a dispute over extracurricular activities and child support was the divorce case of Elizabeth and Robert. The trial court judge awarded custody of the boys to the father. The court also ordered the mother to pay $840 per month in child support, as well as one-half of the boys’ medical expenses and “all agreed-upon extracurricular activities.”
After the conclusion of the case, the mother appealed, and she won that appeal. The problem with the lower court ruling was the way that the trial court went about setting the mother’s financial obligations. The appeals court was clear that, under Maryland law, a parent’s child support obligation should not factor in a child’s extracurricular activities as an additional form of mandatory support above and beyond the basic support obligation, even if those activities are desirable. The only way that a court can tack on these activities is if they are necessary for a child’s special needs, such as “advanced programming” for a gifted child or remedial tutoring for an academically challenged child.