Me and my ex are due to renegotiate the child support amount in a month. Unknown to me she has had the children in different daycare’s during the past year. Last year she had them at the YMCA. This year they are at a daycare that is much more expensive. I expect this is because we are renegotiating at this time. How much say do I have any where they are watched? And my required to pay the higher amount because that’s where they have been for the last two weeks? Does North Carolina law allowing me to pay as we go? In other words reimbursed daycare expenses as they occur with the receipt? Thank you
Typically daycare must be mutually agreed by the parents but check your court order or separation agreement to determine if this is the case. If you have joint legal custody of your children, then unless your court order or separation agreement states otherwise, you have equal say so in where the children receive work-related childcare and schooling.
You are not required to pay the higher amount if you do not agree with that particular childcare location and you have joint legal custody and/or your court order or separation agreement states that daycare selection must be mutually agreed.
You can reimburse daycare expenses with production of a receipt of that’s what both parties agree to do but that is not typical. What typically happens is that the daycare cost is included in the child support worksheet and one parent has a monthly child support obligation to the other parent, or it will be removed from the child support worksheet and it will be stated that each parent pays a certain percent every month.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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