Wednesday, November 21, 2012

I went to court for child support and saw a Referee, the final decision was 70% from me and 30% from her for child support

Q: I went to court for child support and saw a Referee, the final decision was 70% from me and 30% from her for child support, then she said she need daycare so the Referee said 70/30 again and the problem i have with that is she is picking a daycare that is very expensive and now im going in debt because i cant pay my bills, is there something i can do this is not fair. please answer my question with more then "see a lawyer"?


David’s answer: The first question I have is: is the case finalized, or do you have an adjourn date? The reason this is important is because if the order is final, then your only remedy is to file an Objection within 30 days of the order. If the case is not finalized & you have an adjourn date, then part of your burden would be to find an alternative daycare provider. Then your argument at trial is, if she chooses to go with the more expensive provider, that's her choice, but your 70% share should be capped at 70% of what the cheaper provider charges.  -- David Bliven

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