Another ? about daycare/private school $

[mom22boyz]

What is the name of your state? Ohio

Hi. My question is similar to one I just saw posted about daycare. My husband currently pays 1100/mo for C/S which includes 58% of daycare built in. Step-daughter will be going to Kindergarten this year and her mom enrolled her in private school. Husband did not agree to the cost and has a written agreement stating Ex will pay for 100% of tuition if she picks private school. The charge is billed as tuition but also (as per the school) includes "free" before and after care. (kindergarten is only 9-3 and before/after that they can go to the childcare room)

My question is this. If and when he modifies, will the courts remove the daycare portion entirely since there is no bill for "childcare" just a bill for tuition? I personally spoke with the daycare and they informed me that under no circumstances would they break out any childcare costs for anyone. The bill will be for tuition, period. Could the court "impute" a before/after care charge based on if step-daughter was in public school instead of this private one, there WOULD be childcare expenses? Or do they see it as mom voluntarily chose a private school that includes childcare in the tuition.

We have run the numbers and the new C/S amount would be about 650 with no childcare cost or about 815 with the cost of before/after care that the school charges for kids not enrolled in kindergarten there. So obviously, he wants to modify one way or another seeing that a MINIMUM C/S should go down almost 300/mo. Its more of a curiosity thing as to what the courts do with this kind of thing.

Also, husband is thinking maybe about just asking Ex to voluntarily accept new amount with written agreement to modify again next year for first grade when step-daughter WILL be going to an actual before/after care program. Is that legal? If so, is it wise?

TIA,
mom22boyz

 

[stealth2]

Very unwise to modify amounts w/o having it signed off in court. It's impossible to tell what the court would order, but if it appears that the numbers would change dramatically, it may be worth filing for a mod.

 

[mom22boyz]

Oops, forgot a fact

I guess I should have included that he would ask her to sign and Agreed Entry and file it with the courts to make the new amount the legal amount.

 

[SingleMom67]

I'd definitely file for a modification. If there are no drastic changes in income at least you know that part would come down. Insurance and visitation is all still pretty much the same?

 

[legalcuriosity]

Husband did not agree to the cost and has a written agreement stating Ex will pay for 100% of tuition if she picks private school.

Since the husband did not agree to this, what is the language regarding situations like this? Does mom get the final say or what?

My question is this. If and when he modifies, will the courts remove the daycare portion entirely since there is no bill for "childcare" just a bill for tuition? I personally spoke with the daycare and they informed me that under no circumstances would they break out any childcare costs for anyone. The bill will be for tuition, period. Could the court "impute" a before/after care charge based on if step-daughter was in public school instead of this private one, there WOULD be childcare expenses? Or do they see it as mom voluntarily chose a private school that includes childcare in the tuition.

We have run the numbers and the new C/S amount would be about 650 with no childcare cost or about 815 with the cost of before/after care that the school charges for kids not enrolled in kindergarten there. So obviously, he wants to modify one way or another seeing that a MINIMUM C/S should go down almost 300/mo. Its more of a curiosity thing as to what the courts do with this kind of thing.

Also, husband is thinking maybe about just asking Ex to voluntarily accept new amount with written agreement to modify again next year for first grade when step-daughter WILL be going to an actual before/after care program. Is that legal? If so, is it wise?

If he believes it will go down that much, that IS significant enough to modify (multiply that amount x 12). Keep in mind, if the dad has had an increase in salary, that could offset any possible decrease (unless the amount of the increase was minimal...then it won't do that much damage).

If child care is included with this (and since the school already said they will NOT itemize it), then he should file for a modification.