Q: My ex-wife will not return clothing that I've purchased for our two boys. Do I have recourse?
My ex-wife and I share 50/50 custody of our two boys. She will not return any recent clothing that I've purchased for them.This occurs every season change and clothing size change. She holds on to clothing that I purchase for them and sends them back in seasonally inappropriate clothing or clothes that are ones I've purchased for them, but are too small. As example, she squeezed my 7-year old son into a sized 2T pair of shorts and sent him off to school on my pick-up day. When I asked her to return the recent clothing I'd purchased for them, she said "Those shorts are from your house". Yes, but from many years ago! It interferes with my parenting time as everytime I pick up, I have to head straight to the store to buy new clothing yet again. It financially impacts my ability to provide for them with having to purchase new clothing every other week. I've photographed items and asked her to return only to get no response back.The kids are embarassed in her forcing them to wear old items.
A:
I can see the frustration. This is a matter that courts will have difficulty handling. You can seek a modification of child support or amending the custody agreement to cover clothes, but it may be difficult to find a sympathetic judge if the matter is contested (i.e. your ex does not agree). This is because the courts are already clogged, so most family court judges follow an unspoken dictum that small matters are best handled by the parents and the courts should only be used as a last resort.
Mediation or arbitration is a possibility (assuming your ex agrees). Finally, you can find ways to prevent the clothes hording (i.e. having proper cloths at your home and available when the children are with you, but not sending the children to your ex with new clothes). If you feel that this matter can only be resolved in court, I recommend that you contact a family law attorney who can help you build a sympathetic case.
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