Wednesday, April 2, 2014

I was ordered to pay 61% of daycare costs to my ex wife. What about when they are with me? Does she pay the 39% to me?

Q:  I live in CA and she lives in NY. I relocated for a job. Verbatim from my divorce decree Order, adjudged and decreed that the Plaintiff shall parenting time with the parties’ children as the parties may mutually agree upon with the Plaintiff/Husband paying the cost of any transportation and lodging associated with the travel of the children with respect to issues of parenting time. Order, adjudged and decreed that the Plaintiff shall reimburse the Defendant for 61% of any work related child care expenses, which shall include the cost of pre-school expenses. The Defendant shall send the Plaintiff copies of bills and receipts for those expenses and the Plaintiff shall have thirty(30) days to reimburse the Defendant of those expenses.

A:  David's Answer:  The key is that the judgment of divorce does not say the opposite - that Defendant shall reimburse Plaintiff for 39% of child care expenses while the children are in his care. If you believe this should've been made a part of the judgment, then you'll need to file a motion to modify the judgment. Be prepared to explain why, as a noncustodial parent, the children would by in daycare while visiting you. Consult a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (         

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