As the end of the school year approaches, parents usually begin to look at various activities their children may participate in during the summer. One such popular option is a summer camp, which may be a day camp or a sleep-away camp. I am often asked who is obligated to pay for it.
I have previously written that under New York’s Child Support Standards Act, the parent paying child support is typically obligated to pay a portion of child care and other expenses. In Micciche v. Micciche, 2009 NY Slip Op 03702 (2nd Dept. 2009), the Appellate Division affirmed the principle that the cost of the summer camp is considered to be a part of the child care expense, and as such, both parties are required to contribute their pro-rata share in accordance with their income.
If there are no contrary provisions in the parties’ separation agreement or judgment of divorce, and one of the parents refuses to contribute his or her share of summer camp, I recommend that the other party discuss this issue with an experienced family law lawyer. Sometimes, it only takes a letter from an attorney to resolve such disputes.