Child support


#1

I pay child support per our mediated separation agreememt
Is it ever permissible for me to deduct monies that are owed me? I replenished school lunch accounts while the custodial parent was out of town and she refuses to reimburse me.


#2

It would depend what the agreement says about the school accounts and whether they are her specific responsibility and there is a clause pertaining to reimbursements. If the agreement is specific, she is in breach for not repaying you. If you don’t pay her the total amount owed each month, you are in breach, even if you have a valid reason for the deduction. There may be a contract principle that you can use as a defense, as reasoning for making yourself whole. Likely, the amount in controversy is not enough to warrant filing a breach of contract action for enforcement. That said, if it ever came to that, would you prefer to be the one defending your actions or the one accusing her of being in breach?


#3

The agreement doesnt address lunch accounts. I had assumed she would fund them since she is getting cs though i did offer to cover 30% since i take them to school 3 out of 10 days. I suppose she has the options of packing their lunch or sending money with them…the problem is no communication when their accounts run out. I just keep funding so its easiest on the kids to be able to continue their routine.