My ex is refusing to pay for daycare, how do I enforce our agreement?

[Mxypixle]

What is the name of your state (only U.S. law)? Florida
I live in Seminole County Florida. It states in my divorce decree that my ex is responsible to pay a "reasonable amount for daycare." Because the new before and after school program I want to enroll my son in is $30 more a week, he says that I should pay for the difference or he will not agree to put him in the program. I'm enrolling him anyway, but if he does not pay, what are my options? Also, he has pulled my son out of 3 previous daycares citing to the staff that in our divorce agreement that we have to come to a "mutual" agreement, even though he's not using the daycare AT ALL. The daycare centers then refused to let me enroll him, because they didn't want to get in the middle of it. Can he also continue to call up every daycare center I try to put my son in and have him pulled out? Particularly when he is not even using their services?

 

[anapr]

It states in my divorce decree that my ex is responsible to pay a "reasonable amount for daycare."

Is this what your court order says, verbatim? If so, that's very vague wording and it could go either way.

 

[Ohiogal]

Is this what your court order says, verbatim? If so, that's very vague wording and it could go either way.

The fact though that it appears she is CHANGING after school care to something MORE expensive tends to go to dad's favor. AND the fact that he has to MUTUALLY agree to the daycare and mom hasn't been doing that apparently also goes to dad's favor.

 

[TinkerBelleLuvr]

But dad's bad behavior isn't helping HIS cause. If it were me, I would go back to clarify that dad must be notified, but does not have veto power. Anyone who cancels out 3 daycare providers like that ... well ... how did he agree to the one you currently have?

 

[Mxypixle]

Yes, all our court documents says is that he agrees to pay for a "reasonable" amount for daycare. It's VERY vague. Here's the whole situation:

1. We live 2 cities away from each other.

2. 2008. My ex picked out the summer camp, my input was not asked for and I had to commute 1.5 hours EACH WAY. (45 min to camp, 45 min to work)

3. Summer of 2009. I tried to reason out with him in regard to daycare, but were having difficulty coming to an agreement. I was pressed for time for the summer, so I did try to enroll my son in a daycare 2 weeks before he was out of school and picked one that was close to my office. My ex called and had him disenrolled. He said the only one he would pay for would be close to his house in Oviedo. I conceded to put him in a daycare that was within reasonable distance from both of us. Then discovered they weren't even using it. Turns out he decided his new wife could be a stay-at-home mom.

4. Summer of 2010. I again tried to enroll him in a daycare close to me, since again, neither my ex or his wife were using the daycare. Again, he disenrolled him citing that he felt it was unsafe (there was an access road in the back so he said people could see in). This is despite the fact that our son went to this particular center for preschool and is a nationally recognized chain. Luckily (or unluckily) I was laid off and did not end up needing daycare. Problem solved.

5. Summer of 2011. We went to court ordered parental therapy, but again could not come to an agreement. My ex had decided that my son should stay with his new wife and her two kids for the entire summer. I felt it was in my son's best interest to go to camp where he could be with other children his own age and the camp was offering math and reading camps. Since he has been struggling with school (he has ADD) I figured this was perfect. This was the same daycare he picked out years ago (see #2), but he said that he "didn't want our son to be with strangers." We agreed to forgoe the First Right of Refusal that was set out in our stipulation agreement and in exchange I would pay for daycare in the summer. This way he couldn't have any say where he went.

I agreed to pay for this past summer, but my beef is with the before and after school for this year. He had been attending the program at the school, but they don't offer homework time or tutoring. My son has been struggling the last couple of years in school and since the new daycare offers it, I figured an extra $60 a month is not such a high price to pay. It's actually closer for them, but again, they DON'T USE THE PROGRAM. Also good to note, my ex just got back from a 2 week trip to hawaii for 5 people, (went first class) and stayed a resort. They also took a week long cruise to the Bahamas and several other trips over the summer. It's not like cost is an issue here for him.

 

[TheGeekess]

Why can't you cover the extra cost, then?

You get what you want that way....

 

[Mxypixle]

Because I make $28,000 a year to his $80K+. I can't afford it. Paying for daycare over the summer put me in the hole.

 

[Gracie3787]

The wording of your order is too vague. You might need to file for a modification to have that portion of the order be more specific. Get a consult with a local attorney ASAP.