Summer is over and we will all be back to the school year grind next week. This means schedule changes, new things to buy, lunches, transportation issues, etc. which can all be difficult to coordinate. For blended families and families sharing custody, depending on child support, the issues and challenges are compounded. This time of the year can be frenetic, so below is a frenetic stream of consciousness list of all things that you might be faced with now, and some possible explanations.

• Who pays for school clothes, mom or dad? It depends.  Generally, a party with primary physical custody who receives child support must pay for school clothes as clothing is includable in child support. The situation is more complicated when it comes to private school / parochial school uniforms. These could be considered extra and more akin to tuition and other special supplies, like sports supplies or fees for honors classes. Your court or domestic relations / child support section of court could go either way.
• My custody order says that my ex must return the children to school on Monday, but my ex insists on returning the children to my house or the bus stop instead. The custody order seems specific, but this is a matter that may need to be litigated.
• My child is in a language club and the payments for travel abroad are due months ahead and she cannot enroll without proving she has a passport. My ex will not sign and does not agree to her going. This is an extremely common issue, and actions should be brought immediately and on an expedited basis if possible in both custody and support court. The issue of the costs for the trip are of course in support and akin to parents agreeing on participation in an activity – like a sport. But participation itself may be an issue that lies in custody as it could implicate the child’s schedule, vacation issues and possible safety and security concerns. Consent to obtain a passport is a legal custody issue and a parent does not have to agree to allow a child to get a passport.
• My child changes school this year from elementary to high school and the high school is closer to my house. Plus, my child wants to live with me now because it is closer. Do I automatically get primary custody. NO! This is a custody change that must go back to court to be decided. In cases where parents may simply agree to make the change, the change should be written up and submitted to court as it could affect child support.

The above is not meant to be a complete list of all the issues that back-to-school presents. That is the point. Child custody and support issues are infinite and sometimes are very nuanced. The time to review your orders and identify potential disputes is now. Consultation with your attorney is probably a good idea.

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