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cwmayhem

Member
What is the name of your state (only U.S. law)? IL
I havebeen divorced for over 2 years, have 2 minor children (10 and 6), and work 2 jobs. Ex lives about 45 minutes away, has not worked in 2 years. First off, sorry if this is long!
We have joint legal custody, so he is supposed to be involved in decisions. I have residential custody, he now only sees kids every other Stauday to Sunday.
When we got divorced, My kids and I moved to my parents' home for about 1 1/2 years. During the first year, they didn't charge anything for childcare. However, it became more cumbersome, as the economy is down and they are both retired. So I agreed to pay them $120 per week for fulltime care. During this time, they took the kids to doctor's appointments, dentist, pool, etc. Ex did not participate in any childcare whatsoever. Also, when first divorced, he was out of work. He refused to care for our youngest (who was not in school at the time) unless I drove to his home, an hour away, every morning and evening, so he could do the "favor" of watching her. 2 years later, my parents could no lomger care for the kids. At this point, I had moved into my own home and had to find new daycare. I mentioned it in court prior to the change, and he offered no help or alternatives. So now they have been in new daycare for 4 months.
Ex is stating that since he was not involved in finding daycare, he doesn't have to reimburse his court-ordered 1/2 for this or any that I had to pay my parents (because he did not sign a "contract" with the, - it was ok when it was free, though!)
Also, he states that I have violated decree by him not being consulted.
The new daycare listed the name, address, phone on receipts which I have emailed (to which he did not respond or contact her at all). Any validity to his claims?
He is doing the same with medical care. I have been emailing about visits to drs, when my son needed x-rays, when daughter needed an MRI for headaches, etc. All of these were prescribed by the pediatrician. He actually complained to the judge that I was scheduling appointments during his time and that he did not want to take them! Can he refuse to pay these and state that I violated the decree because the visits were recommended by primary dr and I did what dr said?

Any advice is greatly welcome!
 


stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? IL
I havebeen divorced for over 2 years, have 2 minor children (10 and 6), and work 2 jobs. Ex lives about 45 minutes away, has not worked in 2 years. First off, sorry if this is long!
Who created the distance?


We have joint legal custody, so he is supposed to be involved in decisions. I have residential custody, he now only sees kids every other Stauday to Sunday.
Is this the time he's allotted via the order? Even if he has more time, visitation is a right, not an obligation.

When we got divorced, My kids and I moved to my parents' home for about 1 1/2 years. During the first year, they didn't charge anything for childcare. However, it became more cumbersome, as the economy is down and they are both retired. So I agreed to pay them $120 per week for fulltime care. During this time, they took the kids to doctor's appointments, dentist, pool, etc.
Well... DID you discuss the arrangements with him? Especially when it became a paid arrangement?

Ex did not participate in any childcare whatsoever. Also, when first divorced, he was out of work. He refused to care for our youngest (who was not in school at the time) unless I drove to his home, an hour away, every morning and evening, so he could do the "favor" of watching her. 2 years later, my parents could no lomger care for the kids.
Again - who created the distance? If it was you, then it was completely reasonable for him to expect you to do the driving.

At this point, I had moved into my own home and had to find new daycare. I mentioned it in court prior to the change, and he offered no help or alternatives. So now they have been in new daycare for 4 months.
Again - DID you speak with him? Not just mention it in court, but actually seek his input?

Ex is stating that since he was not involved in finding daycare, he doesn't have to reimburse his court-ordered 1/2 for this or any that I had to pay my parents (because he did not sign a "contract" with the, - it was ok when it was free, though!)
Also, he states that I have violated decree by him not being consulted.
The new daycare listed the name, address, phone on receipts which I have emailed (to which he did not respond or contact her at all). Any validity to his claims?
It actually sounds as though you may not have consulted with him - in which case he could certainly have a case for contempt.

He is doing the same with medical care. I have been emailing about visits to drs, when my son needed x-rays, when daughter needed an MRI for headaches, etc. All of these were prescribed by the pediatrician. He actually complained to the judge that I was scheduling appointments during his time and that he did not want to take them! Can he refuse to pay these and state that I violated the decree because the visits were recommended by primary dr and I did what dr said?

Any advice is greatly welcome!
Again - DID you talk to him BEFORE taking the kids? Or only afterwards? Whether prescribed by the pediatrician or not.
 

cwmayhem

Member
To answer your questions:
He created the distance. I was already living at my partents home when he moved out of the former marital home further north.
We had the visitation changed during mediation and had an order signed.
I notified him the month prior to payments beginning. Also emailed him after payments should have started with no response to emails at all. Again with no response to voicemail or email.
Also, he stated that he did not "authorize" me to get a 2nd job, therefore I had no claim to 1/2 childcare during those hours.
I actually did not seek him input. I told him I was looking. I guess my arguement is that this has been over a year, and he has never solicited any information from anywhere else or from me. Even when we were married, it was up to me to find all drs and childcare, as he was uninterested, as has been the case up until this point. Further, we have been to court numerous times where I have filed motions requesting payment (judge stated to keep a running total and he would have a payment plan when he got a job, and he never complained about this even at that time).
I notified him ny email/texts/voicemails prior to visits. Even went so far as to request in phone conversation that he come to MRI for 5 year old, to which he stated "That's no big deal, I've had them. I don't need to be there. It's the results that are important anyway." Needless to say, my daughter DID want him there and was disappointed he did not show up.
So yes, he did know about these visits prior and chose to have no involvement.
Both kids are in couselling as well, which he has attended ONE session in 2 1/2 years and spoke with my son's counselor 3x. Also, the one visit he went to, my daughter's counselor introduced herself (they go at same time, same place to different counselors) and he stated he didn't want to talk to HER, hewanted to speak to son's counselor only!
 

cwmayhem

Member
My parents live less than 20 miles from the former marital home, and the decree specifically states that if we live less than 30 miles from the former marital home, ex is responsible for all transportation.
 

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