What is the name of your state (only U.S. law)? CO
We have been in a 50/50 custody arrangement since the divorce 5 years ago. The two children spend one week with me, then one week with their mom and so on. Colorado includes the childcare costs in the child support. Since both my current wife and I are home during the day, there is no need for daycare during the weeks I have my children. Six months ago we took the children out of daycare during my weeks but my ex continues to pay full daycare costs (despite them not charging her-she has $600 credit on her account at this point) during my week so when she submits the childcare expenses the child support won't be lowered to reflect them not having the daycare costs during my time. We tried to petition the courts to have each parent pay the childcare during their own time so she would not be paying or claiming the costs during my time and they wouldn't agree to it since she has paid on time. I'm still unsure how that is the deciding factor in whether parents should pay for their own rather than her being able to make whatever payments she wants.
She is now attempting to put both children in a daycare that has a required minimum of 2 days each week meaning we have to pay for those two days even if the children are not there and has plans to put one in a home daycare that requires payment for every week whether they are there or not once school starts again despite several daycares here allowing week on/week off daycare rates that are lower. We can't find anything in the state statutes that protect us from her overpaying on purpose to drive up the costs. We don't expect to get reimbursed for the amounts she's pocketed the last 6 months and we can't find anything that prohibits her from claiming costs during my weeks because she chooses to pay additional or use a daycare that has minimums.
Our parenting plan also requires us to make joint decisions on the daycare and schooling but she's already given notice to their current daycares and enrolled them in the new one despite my response being that I do not agree to moving their daycares from the current arrangement. Is there any case law or anything that supports asking the court to only allow her to claim the childcare during her time and that if she chooses a daycare that charges during my time, she has to pay that herself? We have the proof that she is overcharging and asking them specifically to charge her the full rates during my weeks. Aside from a slap on the wrist and being told not to do it, does this not prove that she is misusing the funds and extorting additional funds and shouldn't this give us reason to remove her from the responsibility of paying the childcare during my time? Can anything be done with contempt because she is not following the parenting plan requiring joint decision-making on daycare and school? Thanks for any information.
We have been in a 50/50 custody arrangement since the divorce 5 years ago. The two children spend one week with me, then one week with their mom and so on. Colorado includes the childcare costs in the child support. Since both my current wife and I are home during the day, there is no need for daycare during the weeks I have my children. Six months ago we took the children out of daycare during my weeks but my ex continues to pay full daycare costs (despite them not charging her-she has $600 credit on her account at this point) during my week so when she submits the childcare expenses the child support won't be lowered to reflect them not having the daycare costs during my time. We tried to petition the courts to have each parent pay the childcare during their own time so she would not be paying or claiming the costs during my time and they wouldn't agree to it since she has paid on time. I'm still unsure how that is the deciding factor in whether parents should pay for their own rather than her being able to make whatever payments she wants.
She is now attempting to put both children in a daycare that has a required minimum of 2 days each week meaning we have to pay for those two days even if the children are not there and has plans to put one in a home daycare that requires payment for every week whether they are there or not once school starts again despite several daycares here allowing week on/week off daycare rates that are lower. We can't find anything in the state statutes that protect us from her overpaying on purpose to drive up the costs. We don't expect to get reimbursed for the amounts she's pocketed the last 6 months and we can't find anything that prohibits her from claiming costs during my weeks because she chooses to pay additional or use a daycare that has minimums.
Our parenting plan also requires us to make joint decisions on the daycare and schooling but she's already given notice to their current daycares and enrolled them in the new one despite my response being that I do not agree to moving their daycares from the current arrangement. Is there any case law or anything that supports asking the court to only allow her to claim the childcare during her time and that if she chooses a daycare that charges during my time, she has to pay that herself? We have the proof that she is overcharging and asking them specifically to charge her the full rates during my weeks. Aside from a slap on the wrist and being told not to do it, does this not prove that she is misusing the funds and extorting additional funds and shouldn't this give us reason to remove her from the responsibility of paying the childcare during my time? Can anything be done with contempt because she is not following the parenting plan requiring joint decision-making on daycare and school? Thanks for any information.
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