Q: With 50/50 Joint legal & physical-no child support custody. Do I have to share compensation if I win an art contest?
My agreement is 50-50, joint, legal and physical. No Child support payments involved with our case for our 5, and 3 year old. There’s a section stating our obligations on notifying the other parent.
( The parents shall keep each other informed of all of the children's medical, psychological, educational, and extra-curricular activity information on a frequent and continual basis. No decision about the children's education, medical care, psychological care, travel opportunities and extra-curricular school activities shall be made without the written consent of the other parent )
I enter a lot of (art competitions) and I love using my children. My question is do I have to notify the mother that I’m using our children ? I don’t know if this falls under extracurricular activities ? Also if I win the competition is she entitled to compensation? She's very bitter so I just want to make sure Im safe, and not in the wrong if I sign up my kids, along with win a competition.
A: What kind of "agreement" are you talking about? Is this a court order? Judgment? It may not even be enforceable.
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A: Based on the language provided in your custody agreement, decisions related to the children's "extra-curricular school activities" require mutual consent. While art competitions might not be strictly school-related, if the children's participation is more involved than simply being subjects of your art, it may be prudent to notify the other parent to avoid potential conflicts. Regarding compensation from any art contest winnings, unless specified otherwise in your custody or divorce agreement, income or prizes from such competitions would generally not be considered community property to be shared after a divorce. However, if the children's involvement in these art projects becomes substantial, there may be arguments made regarding potential earnings or opportunities for the children. To safeguard your interests and ensure compliance with the agreement, it's advisable to have open communication with the other parent and, if in doubt, seek clarity from a fellow attorney or court. Always prioritize the best interests of the children in any decisions or activities.
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