Ex removed child from childcare when I pay for it in child support. Can I make ex pay for my childcare instead of having it recalculated?
I pay childsupport. In my support, childcare is included.
The reason it was included was because ex was paying for after-school care. The judge made me pay for 1/3 of the cost.
Ex also paid for summer care last year, but Judge excluded it from childcare costs because the summer just ended at that point.
A few months after the order, ex let me know he was removing child from afterschool care.
He said he didn't need it anymore.
At the time, he said we could go back to court and recalculate. He also said in the email that he'd still pay for summercare and other childcare costs during the school year, so he'd still pay the right amount per month.
I replied to him in an email that I didn't need summer care.
But I didn't take ex to court. That was months ago.
Well, ex now sent me an email that he doesn't need summercare either!
Ex said the amount he's spent on childcare (sick days, Spring Break, Christmas Break, morning care, etc.) totals more than the amount the judge put in the CS worksheet per month. He's shown me receipts.
But now I do need summer care and I didn't save any money bc I thought ex was going to pay for it, like he previously wrote.
Ex is arguing I wrote to him that I didn't need it. Ex said at no point, until he told me he wasn't paying for it, did I tell him otherwise.
Ex has offered to drop childcare from support or recalculate. But I want him to pay for summer. I can't afford to.
If I take ex to court, would a Judge make ex pay for summer camp?
I think it's unfair that he's changing his childcare needs at my expense - yes, he spent the money on child care. But it wasn't on the childcare needs that the Judge awarded him the money for.
And I know ex is offering to drop childcare or have me pay and recalculate. On the surface, that seems nice. But I feel like he's been jerking me around. The only way to make it fair is if he has to pay for what he originally said he would - and it shouldn't matter if I said I needed that care or not.
The court order doesn't say anything about childcare. But I have been paying for childcare in support - and ex keeps changing his mind on what he's paying for with it. I think that is unfair.
- 4 years agoFavorite Answer
What does the court order say? Does it say he pays summer care? If no, then he doesn't. YOU need summer care, not him.
" I replied to him in an email that I didn't need summer care" - So you did in fact tell him you didn't need it.
I doubt judge makes him pay for it.