I am a separated dad living in New York and have been separated for almost one year with a legal written separation agreement in place since March of 2007. I currently have liberal visitation with joint custody right now for my two children of 8 & 6, which has been agreed upon in a written separation agreement. I have my children every other weekend at this time and see them regularly in the am each day before school. I would like to know since their mother has residential custody and I have always been the income provider for the family, she now works from a home-based business and contributes to no bills whatsoever with her income. Anyway, What are the procedures with regards to kids’ school breaks? Do I have to take the children, or split these school breaks with her? Am I also required to take the kids for two or more weeks per year for vacation time for her? What are the guidelines regarding these issues, if any? I, in agreeance with the separation agreement, am paying all the bills in the home, including all utilities, mortgage payments, insurance, etc….while she has no financial responsibilities at all. She lives expense-free till kids are of age. Do I also have to pay forher new car and all its expenses? I am currently also giving her maintenance monies for one year and child support as agreed. Thank you for taking the time to answer my question.
These issues should have been discussed and decided and incorporated into the Separation Agreement.
there are no statutory requirements for visitation, and you should try to work out a schedule with your ex
to cover the holidays, vacations, and summer and be sure to reduce the understanding to writing. If you cannot reach an agreement, I would be happy to assist you in mediating the terms of the agreement and drafting the necessary provisions.
If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting.
Leonard M. Weiner, Esq./Divorce Solutions