New York, NY asked in Family Law and Child Support for New York

Q: I have 2 children, 18 and 16. Ex wants me to pay half for 18 yr olds vehicle. I said I would pay for 16 yr olds vehicle

18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.

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3 Lawyer Answers

A: The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.

Vehicles are not ordinarily a part of an order of support even if college tuition and expenses are specified. An automobile is not a college expense unless the order makes it one.

A review of the order by the asker's attorney would give him a more cogent answer.

Howard E. Knispel
PREMIUM
Answered

A: You have no legal responsibility to pay for your child's vehicle. Your only legal responsibility is child support and out of pocket medical and extracurricular expenses. If you choose to voluntarily pay for a vehicle that is your choice.

A: In situations like this, it's important to consider both your legal obligations and the practical implications of your decisions. Here are some steps you might take:

1. Even if the custody decree does not specifically address expenses like car purchases, it may provide guidance on shared responsibilities.

2. Open dialogue with your ex about the request. Discuss the reasons behind the need for a car and whether it's essential for your child's independence or safety.

3. Consider your financial situation and whether you can realistically contribute to half the cost of the car.

4. If you're unable to pay half, discuss alternatives that might work for both parties, such as contributing a smaller amount or helping with insurance or maintenance costs.

5. If you're unsure of your obligations, consulting with a family law attorney familiar with New York law can provide clarity on your rights and responsibilities.

6. Keep detailed records of all communications and agreements made regarding financial responsibilities. This can be useful if disputes arise in the future.

Ultimately, the decision should be made on what is in the best interest of your child while also considering your financial capabilities and legal obligations.

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