Cs modification - after-school care


#1

My bf filed a motion to reduce CS payments because his daughter no longer attends the $80/wk child care facility in which her BM had her enrolled when he signed the CSA, and the difference in his monthly payment would be nearly 20%.

He had been picking her up & watching her after school since October, but beginning the second week in January, BM decided that that arrangement “wasn’t working out” for her. She said she didn’t like driving through our neighborhood after dark (we lived downtown, but nowhere dangerous!) so she now has their daughter bussed to her uncle’s (BM’s brother-in-law’s) house after school each day. He didn’t file a motion to reduce payments when he was picking her up because BM made several comments to the effect that the only reason he wanted to pick her up was so that he wouldn’t have to pay so much. But now that he’s not seeing his daughter after school AND she’s not going to the child care facility, he doesn’t feel that he SHOULD be paying that much.

The hearing was yesterday, and BM claimed she is paying her bro-in-law $50/wk, but she didn’t have any proof with her. So the case was continued until Apr 21 – she is basically being given more than a month to come up with proof. She may well be paying the bro-in-law some money every now & then, but she is bad with her finances and doesn’t keep close track of money spent, checks written, etc., so we feel that any proof she brings to court may be fabricated.

I don’t guess there’s much we can really do about her lying (which is constant & seemingly compulsive), especially if she produces written proof. However, there is absolutely no need for ANY sort of paid, after-school care, since my bf is available to watch his daughter every day – especially now that we live within a mile of her school! My bf & his daughter LOVED the arrangement as it was, and his daughter was consistently earning “smiley faces” for behavior in class each day. Since her uncle’s been watching her, though, she receives a couple “straight faces” or “sad faces” each week.

Their custody agreement says each must offer the other right of first refusal for any period more than four hours that they need a babysitter, and the period after school until BM could pick her up is generally right at four hours, so I doubt that can be used.

My questions are: 1) Can BM be ordered to allow their daughter to be picked up & watched by her father after school?
2) If so, is the next hearing for CS modification the appropriate time for this to be brought up? If not, then how should he go about it?

Thank you for your help.


#2

The issue pending deals with child support, not custody and therefore the court cannot address the issue. The father would need to modify custody to change the current arrangement, and this cannot be done without a showing of a substantial change in circumstances since the previous order, which I don’t see here. The best bet may actually be to proceed under the right of first refusal language in the order.