Child Care Cost Responsibility

My ex and I have 50/50 custody. In the past she has paid for all child care as she earns more than I do. With remote learning coming up she is able to stay home on her days; however, with my job I am not able to. She is refusing to pay for child care for the days that the children are with me. In our paperwork it states… “The Wife shall be responsible for all agreed upon expenses associated with daycare, afterschool care and extracurricular activities.”

Since it states “agreed upon” does that give her the right to refuse to provide child care even if it is only on my days? If I were to pursue this issue through my attorney would I be able to have any grounds to make her pay since the status quo up to this point is that she has always paid for their child care?

The way it is written does not obligate the mother to pay for childcare if she does not agree to the childcare. Given the ramifications of the unforeseen pandemic, it may be worth attempting to amend your agreement however, if your terms are in a separation agreement, you may need to file a new child support court action as she is not likely to agree to amend a separation agreement.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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