It is my guess that she has always been a teacher, even while you were married. So you must know the answer to her claim that she needs to take courses over the summer. If this is true, then it must be a condition of her employment. Therefore, to keep working, she has to have your son in daycare. If she’s lying, however, you might have a good reason to file a motion–but get your ducks in a row before you file it.
The classes are offered all year round. Also the classes in the summer are scheduled at night.
I guess your burden is to determine that something changed between the time you were married, and now, to ask for a change in the terms. I think men all have crappy attorneys or we’re all too dumb (I pay daycare like you, yet I watch my kids 5-7 days a week, so…). Essentially, the judge will ask, Why didn’t you say something at the hearing regarding the summertime? Was she taking courses during the schoolyear while you were married, and taking the summers off? What changed? YOU have to prove that there is another viable alternative for her and that in the past, she took it.
I seriously can’t believe a daycare would allow anyone to take their child out for the summer, not pay any fees, and then keep that slot open for him till fall. Daycares do NOT work that way. I am a also a teacher (I pay $1140 a month for two kids) and I must keep my kids in daycare year round (well, I can take them out in the summer but I still have to pay to keep their slot). Good daycares do not “hold” spaces for kids without payment for those slots. If they did, many would go under (because how many people need daycare just for the summer and would make up for that payment that they are not getting for your son?)
I think you are misguided in saying that the daycare says it’s OK for her to just take him out during the summer, with no fee, and still maintain his slot for the school year. That’s just absurd!
Now, if in fact, what you state is true, that this “dream daycare” does actually exist, do you think that teachers actually have just all this free time in the summer to play? I know that there are staff development workshops scheduled throughout the summer and that teachers are required to attend. And even if she’s NOT doing workshops and such in the summer, is it fair for her to have to take care of a child all day and then go to classes AT NIGHT to get her coursework taken care of? Maybe,just maybe, she could use that time during the day while your son is at daycare to clean the house, shop for groceries, work on her night class assignments, or god forbid, have a little time to herself?
Just some food for thought…
I cannot respond to everyone I don’t have the time so…I have offered to take my son for the times she needs to attend classes during the summer session. She has not responded. You should check your daycare there are usually two sessions one in fall and one in the summer at least at the ones that recognize teachers schedules. You do not have to pay for those months if your child is not registered in the summer just have your child enrolled in the followin fall session. You should probably check it out. My son’s school is Greenwood Country Dayschool in Durham. I have my son on the days my ex-wife is taking her night classes for her Masters, incidently of which I was going to start my Masters but have to many schedule changes to accomadate her schedule so that was immpossible. These days have changed as her classes have changed and I have graciously changed my schedule accordingly. Being a teacher means extra time to work that may or may not be required. For the 50 or so days she is out of school I have offerd to take Sam if she needs to attend classes to keep her certification, everything else is voluntary and extra, and these classes are also scheduled thoughout the year not just in the summer. If the daycare my son is in, given availability, is willing to have him stay a little longer in June and come back a little ealier in August, and I am willing to take my son on the days for her required classes to keep her certification why should I pay the high cost of daycare for the whole month or months given availibility. What has changed is finally the truth about my son’s daycare and the way some work around teachers schedules to save money and the fact of which I was mislead by my ex-wife that the monthly cost does not need to be paid. I only seek what is fair and applicable under the law.
Greetings. The expenses for child care are work related only. I would argue that her classes are work related, but I think you can also argue against it. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
My ex-wife is currently a high school teacher. She states that the daycare amount put into the child support calculator should be applied for the whole year because she needs to take classes in the summer to remain certified as a teacher. I want to take the amount of mandated days of her school year and pro-rate the amount of daycare for the year based on this number. Also the daycare my son is currently in is fine with just giving them the dates she is ending her school year and when he will be going back for the fall. Am I legally responsible for paying a full amount of daycare for all twelve months of which is $720.00/month so she can remain certified. Is this not part of her own individual responsibility to be eligible for employment and not mandatory to be completed by state law.