Me and my ex were divorced approximately four years ago. We mediated and agreed upon a set support amount each month that is inclusive of all daycare expenses. Our agreement states we will re-evaluate this amount in August then every three years after. My ex is remarried and her husband is retired from the military. He receives approx. $70k per month and does not work. The children started coming home from school and he was watching them. He has already watched them during the summer as well. My children have indicated that their mother took them out of daycare recently because they were being picked on. This seems to be a moving target. I feel she is putting them in daycare just because she can (and I pay 85%) and not because it makes sense.What are my responsibilities on determining an accurate child support amount that I should base my decision on? Thank you
Since your separation agreement requires that you recalculate child support at certain times, then both parties will have to produce documentation of their current income. As to daycare, if the children are not in daycare, then this should be removed from the child support worksheet.
One way to handle this is to remove daycare entirely from the child support worksheet and include it as a separate item within the child support terms and if it is not already, requiring that daycare be mutually agreed upon. That way she cannot put the children in daycare just because she can.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.