Determining Daycare Expense Amount


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

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