Ed?


#1

What does child support cover? I know the basics, food shelter etc. but does it also include day care expenses? I recently had a support order established for my son who lives in NJ with his mom. She gets the day care credit and pays the day care.My child support was based on the amount paid in day care and # of weeks he is in day care. She now feels I should be responsible for 50% of the registration, and tutorial fees as well as all field trips. This wasn’t part of the order, nor was it discussed that day. Do I owe 50%? Wouldn’t that be covered by child support? Isn’t this her responsibility?
If my son isn’t in day care the # of weeks that she told the court he would be in day care wouldn’t I be due a reduction in support? For example if she pays $190 per week for day care for a total of 52 wks, yet due to vacations or my family watching him when he is here etc, and he’s only in care 48 weeks. Would that entitle me to lower support payments? Also, she never had to show how much she pays for day care, she just said she paid a certain amount. Shouldn’t she have to prove what she pays?
Once he reaches the age of 12 does that mean I won’t be obligated to pay day care expenses? I believe 12 is the number a child can stay by himself. Would that matter if he lives in NJ but the order was established in NC?


#2

Day-care expenses are factored into the child support calculation. You are not responsible for the additional expenses unless the order specifically states that you are.

The court may lower support if the amount of day care is not accurate however the support figure will not be reviewed for 3 years.

If you did not contest the amount of day- care in court, the court properly found that the amount she testified to was accurate, and should be the figure used in the calculation.

There is no age where a child “ages out” of day care.


#3

This was set up through Child Support Enf. If she refuses to pay day care during my time with my son can I file contempt charges? She is also responsible for sending my son with enough medicine during his visit with me; she didn’t, I had to refill a prescription 2 days into my visit. I had to pay the co-pay, which was money I hadn’t planned on spending. Can I find her in contempt for this as well. Based on the incidents could I amend the order to give me day care credit during the weeks that I have my son since she has refused in emails to pay?

Thanks for your help!


#4

You may file an action to modify support based on her reduced child care expenses resulting from her refusal to pay day-care on your days, and seek that the judge allow you to each pay for your own share of the needed child care, and for failing to send the child with his medicine.


#5

What type of action would need to be filed? Would it be contempt, show of cause?When I call child support I want to know what I am talking about as sometimes its difficult to get their cooperation.


#6

You would need to file a motion to modify child support.


#7

Since my ex is court ordered to pay the day care does that give her the right to dictate where I put our child? I gave her a few options for day care near my home and work. Rather than put our son in a day care that I suggested, she registered and paid for an alternate day care that is far from my home, not on my way to work, and in what I feel to be a dangerous area. I expressed that to her but she didn’t care and set him up there any way. I felt that really disrespect me; as this is my time with him and I should have a say in his care. I don’t dictate to her where he stays when she is with him. I am glad she paid the day care (the last visit I had my son she refused to pay day care.). I have pulled up the crime in that area; there have been drug arrest, kidnapping, rape agg. assaults if I put my son in a different day care and paid for it would the court likely side with her or me? I am not trying to be hard to get along with or difficult, I care about the safety and wellbeing of my son.
I also owe her some medical bills, since I am not responsible for day care, would the court allow me to apply the day care expense towards the past medical? She got away with not paying for day care for 2 wks that my son was previously with me and now my son is with his uncle (not in day care) so she has in effect gotten 3 wks free. I am paying day care based on the amount of weeks and cost of day care. What can I do about this?
Also, she has gone against the order. We were suppose to meet at an exchange location, however, rather than meeting me at the exchange location (she lives in NJ) she sent my son to her brother for a week. She told me he was there after the fact rather than running it by me. Do I have any recourse?
Our order states that if I have any thing specific I need her to pack I am to send her an email requesting that, I couldn’t do that since my son is already here. If I need to purchase items for him how likely would I be able to apply that towards med bills? She is ordered to supply all clothing needs. She has, in the past sent clothes that were too small and or weren’t warm enough at Christmas. My son and I have a hobby of playing guitar, I sent him with a guitar I bought him last Christmas. Since that time I have not been able to enjoy my son playing the guitar, I have asked her to pack it and let him come with it, is there anything I can do about this? I hate to give him things and only let him keep it at my house but I also hate buying things and not being able to play with it with him because she refuses to pack it.
In our order, I am to call my son on certain days / times. When he is with me I make sure she gets her calls. When he is with her, thats another story. she claims she cant force him to talk to me, if its in the order wouldn’t that make it her responsibility? I have a log of the calls / times and dates of missed calls. Will the judge do anything about that?
My ex has been very difficult and hard to get along with. I had contempt charges that I was going to have heard, but as a gesture of good will I dropped them without prejustice. She has not been willing to cooperate with me, it looks like I will have to have those charges along with more heard.
Sorry this is so lengthy.
Thanks for your help!


#8

I suggest you file a motion with the court regarding the day care issue. If the location of the day care is truly dangerous an alternative day-care with comparable rates is available the judge may order that your ex move the child to another center.

You cannot deduct what you owe in medical bills to even any thing out. You must pay the amount owed pursuant to the order.

With respect to the phone calls, you may file a motion for contempt for her refusal to follow the order. You may address the issue of the clothing and the guitar with the judge at the contempt hearing as well.