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-   -   Legally are diapers clothing? (https://www.askmehelpdesk.com/showthread.php?t=580132)

  • Jun 5, 2011, 06:14 AM
    cleyburn
    Legally are diapers clothing?
    In our court divorce settlement my exe agreed to supply "all" clothing. Which I asked for that to be put in so that I would not need to buy diapers and clothing for our 2 boys. The boys are with me about 40-45% of the time so that adds up to a lot for me. I am disabled and on a fixed income. We have joint custody, but she is primary residential parent.

    Thanks Chris
  • Jun 5, 2011, 06:17 AM
    J_9

    I'm not going out on a legal venture here... but if the boys are with you 40-45% of the time, aren't they with the other custodial parent 55-60% of the time?

    Why would you think that she would have to pay MORE if she has the children MORE than you do?
  • Jun 5, 2011, 06:18 AM
    tickle

    I think it is classed as a hygiene product, not clothing. 'Cloth' material, denotes clothing, but hygiene products are not made of 'cloth', more or less a paper product. As a good example, a sanitary pad is a hygiene product made of plastic and paper.

    Tick
  • Jun 5, 2011, 07:22 AM
    joypulv
    I vote for the idea of hygiene product, used once and disposed of. MAYBE you could argue this if she uses cloth ones AND doesn't subscribe to a diaper service.
    The things that don't get totally ironed out in a divorce!
    If your disability makes it difficult to haul huge bundles of diapers home every week, you can get pretty good bulk deals online, delivered, or you could hand her cash when she brings the boys and a supply of diapers for you. When I buy big bulky things they go straight from the shopping cart to my trunk where they stay until it's convenient for me to unload little by little.

    You got married, you had children. When they are out of diapers there will be other things. We sacrifice things for ourselves when we have people who depend on us.
  • Jun 5, 2011, 12:37 PM
    cdad

    They can be put into either category. Much the same as an undergarment would be. Here is a list of diaper services near you.

    Locate a Diaper Service | Diaper Service Information

    For an explination of diaper:

    http://en.wikipedia.org/wiki/Diaper

    A diaper (in North America) or nappy (in the United Kingdom, Ireland, Australia, New Zealand and many other Commonwealth countries) is an absorbent garment worn by individuals who are incapable of controlling their bladder or bowel movements, or are unable or unwilling to use a toilet.
  • Jun 5, 2011, 12:39 PM
    JudyKayTee

    When written into a NY agreement diapers ARE clothing. They take the place of underpants.

    (I haven't seen the "... all clothing" wording in years and years.)
  • Jun 5, 2011, 12:42 PM
    Fr_Chuck

    But then the ex could buy you a dozen cloth diapers and say there you go,

    I honestly think it is unrealistic for you to expect the ex to buy diapers. If I was in the ex's place I would not, or merely as noted buy you a dozen cloth ones, but most likely I would not and then see if you want to spend the money to take me back to court over it.
  • Jun 5, 2011, 01:50 PM
    tickle
    Quote:

    Originally Posted by JudyKayTee View Post
    When written into a NY agreement diapers ARE clothing. They take the place of underpants.

    (I haven't seen the "... all clothing" wording in years and years.)

    Okay, well that's interesting. We can wear them on the outside and consider them clothing.
  • Jun 5, 2011, 02:29 PM
    cdad
    Quote:

    Originally Posted by tickle View Post
    okay, well thats interesting. We can wear them on the outside and consider them clothing.

    Only dring Monty Python day ;)

    Its either that or on your head :)
  • Jun 5, 2011, 09:27 PM
    Alty

    I like Chucks idea. If the OP expects the ex to supply diapers, she should get a dozen cloth ones, let him deal with washing them.

    You can buy cheap diapers at many outlet stores, places like Costco sell them in super huge packs, 4 times the size of the regular packs, at a fraction of the cost. They're not brand name, but they work just as well.

    Either that or start potty training if the kids are old enough.
  • Jun 6, 2011, 03:36 AM
    JudyKayTee

    - Or the OP could go back to Court and get this clarified. If "all clothing" needs to be interpreted I am almost positive there are or will be other issues that are, likewise, confusing.

    I do some volunteer work at a shelter. Yes, disposable diapers are more expensive but not everyone has access to laundry facilities.

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