原則上這個部份您應該與您的前任配偶商量,如果你們當初的協議中對方已經同意支付,您可以直接要求對方支付應該的額度,如果你們當初沒有列入這個部份,您可以在原判決的法院提出 PETITION/MOTION TO MODIFY CHILD SUPPORT 同時將所需要的部份列入,然而一般的情況(雖然各州的法律有所不同,但是根據老貓過去實際處理類似案件的經驗)除非您能說服法官這個個課程對於孩子的教育有絕對的需要,您可能很難獲得一個判決強製要求您的前任配偶一定需要支付這個費用,特別是任何外文教育,老貓的了解至少在老貓工作的州,一般的情況這並不是必要的教育開支,特別是一般週末的中文學校並不是列入正規的教育課程,而是列入"Heritage language school",所以在法律上如果對方拒絕支付並沒有一定的法規強製他一定不能這麼做.
事實上這有一個真正的案例供您參考,所以個人的建議是你們如果仍然在處理離婚的協議,這個部份應該現在就討論清楚.
(資料來源) http://www.atlantadivorceattorneyblog.com/2010/01/child_support_and_extracurricu.html
Child Support and Extracurricular Activities
An important issue for many parents is how payment for children’s extracurricular activities is handled in relation to child support. The Georgia Supreme Court recently addressed this issue in Turner v. Turner. Turner v. Turner¸ 285 Ga. 866 (2009). In that case, after nine years of marriage and two children, the parties divorced with the mother receiving primary custody of the children and the father obligated to pay child support. In addition to his child support obligation, the father was ordered to pay 2/3 of the children’s extracurricular activities. The father appealed, contending that he was “paying twice for the cost of extracurricular activities because such costs are included in the presumptive amount of child support.” Id. at 867.
The Georgia Supreme Court agreed, stating that “[t]he language of OCGA § 19-6-15 (i) (2) (J) (ii) makes clear that a portion of the basic child support obligation is intended to cover average amounts of special expenses for raising children, including the cost of extracurricular activities.” Id. The Court referred further to the child support statute, clarifying that if the trial court determines that the full amount of special expenses (which includes extracurricular activities) exceeds 7% of the basic child support obligation, the additional amount must be considered a deviation addressed on Schedule E of the Child Support Worksheets with specific findings as to why such deviation is necessary. Id. The Georgia Supreme Court stated that the way the trial court handled extracurricular activities, by including an additional provision in the final judgment and decree of divorce apportioning them, was improper under the current child support guidelines.
The treatment of extracurricular activities is an important concept to keep in mind. In looking at a requested deviation for these activities, the court is going to want and need justification for these activities, especially if the payor is claiming that these activities are unnecessary for the children.
