ex-wife demanded for additional child care cost

[angela_irene]

What is the name of your state (only U.S. law)?

California


My husband has been paying the child care cost according to what is ordered by the court BUT his ex-wife enrolled their child to a more expensive day care center and now demanding my husband to give more for the child care cost.Despite my husband's disagreement , his ex wife continued to leave the child in the expensive day care center when she's at work. It has been six months. Does she have any legal right to collect more from my husband even the court already defined how much he should pay? If she resorts to modify the child care cost, is it possible that my husband will be obliged to pay retroactively? He just got a new job after being laid off and receiving a lower salary.

I hope you guys can help us. Thanks

 

[Isis1]

again, another man who doesn't know how to use a computer....what is in the air today??

what does the court order say exactly in regards to child care costs? the exact words?

 

[jbowman]

again, another man who doesn't know how to use a computer....what is in the air today??

Isabella, why do you CARE? If you dont want to answer, just dont. Sorry, but this is getting nuts. EVERY single post where it is a step, we have to read something like this. IT WILL NEVER STOP. Steps will always ask questions for their spouses.

And if dad is ordered to pay a set amount towards daycare, then he should continue to do so. If it is a PERCENTAGE, then this is worth taking back to court because he should have the right to help decide where child should attend and he can ask for that right.

If mom takes it to court, the order can be changed going forward regarding day care- normally in CA it is a mandatory add on that parents split daycare and uninsured medical 50/50. If the child support order is increased, it will go back to the date of filing.

 

[angela_irene]

jbowman,

thanks for the advice.

That's exactly what my husband told her. He should be part in the decision making as far as child care is concern.And if she wanted more from him, she should file a motion and refrain from collecting anything that is not ordered by the court.

 

[Humusluvr]

jbowman,

thanks for the advice.

That's exactly what my husband told her. He should be part in the decision making as far as child care is concern.And if she wanted more from him, she should file a motion and refrain from collecting anything that is not ordered by the court.

Just curious, why did mom take child out of less-expensive daycare and put him in more-expensive? It would also be more expensive for HER. Did she consult dad at all?

 

[fairisfair]

Isabella, why do you CARE? If you dont want to answer, just dont. Sorry, but this is getting nuts. EVERY single post where it is a step, we have to read something like this. IT WILL NEVER STOP. Steps will always ask questions for their spouses.

And if dad is ordered to pay a set amount towards daycare, then he should continue to do so. If it is a PERCENTAGE, then this is worth taking back to court because he should have the right to help decide where child should attend and he can ask for that right.

If mom takes it to court, the order can be changed going forward regarding day care- normally in CA it is a mandatory add on that parents split daycare and uninsured medical 50/50. If the child support order is increased, it will go back to the date of filing.

OMG, I must have been gone way too long. I come back and agree with JBowman??? bwwhahhahaha

I was thinking the same thing. WTF??? who appointed all these moderators while I was gone???

 

[angela_irene]

Just curious, why did mom take child out of less-expensive daycare and put him in more-expensive? It would also be more expensive for HER. Did she consult dad at all?

Initially, she recommended her mom to be the official baby sitter of their child. And my husband agreed to pay 50 percent of the cost which is also specifically stated in the court order.And for some reasons, she decided to transfer the child to a day care center even with my husband's disagreement.

My husband told her to file a motion to modify the order and let the court decide. but she does not want to spend on legal fees.


From the start of the divorce process, her wife never cooperated from the issues of custody to division of property. She did everything to delay the process.She never attended any of the court trials so she won't be paying more in legal fees.
And now, she wants to get what she wants automatically? That does not really sound fair.

 

[Humusluvr]

Initially, she recommended her mom to be the official baby sitter of their child. And my husband agreed to pay 50 percent of the cost which is also specifically stated in the court order.And for some reasons, she decided to transfer the child to a day care center even with my husband's disagreement.

My husband told her to file a motion to modify the order and let the court decide. but she does not want to spend on legal fees.


From the start of the divorce process, her wife never cooperated from the issues of custody to division of property. She did everything to delay the process.She never attended any of the court trials so she won't be paying more in legal fees.
And now, she wants to get what she wants automatically? That does not really sound fair.

So her mom was charging to watch her granddaughter?

Did grandma say, "No more babysitting for me?" That could be why mom had to switch.

Everyone understands exes being pain. We all get that.

Mom will have to file to get what she wants, and it doesn't sound like mom is willing to file - so you're sitting OK for now.....

 

[StampGirl]

So her mom was charging to watch her granddaughter?

Did grandma say, "No more babysitting for me?" That could be why mom had to switch.

Everyone understands exes being pain. We all get that.

Mom will have to file to get what she wants, and it doesn't sound like mom is willing to file - so you're sitting OK for now.....

Thats my guess. Gma decided to stop for whatever reason.

Until Mom takes the $$ issue back to court, just keep paying what the court order tells you to pay.

Although, I will say that once its back in court, its pretty accurate that Mom might get what she wants. Daycare is expensive all over CA and its unilateral that costs are split 50/50.

 

[CourtClerk]

At this point, dad is only obligated to pay the amount that has been ordered to pay. Mom will need to modify the court order to get more money for childcare, and if she can prove the expense, she'll get it.

 

[StampGirl]

At this point, dad is only obligated to pay the amount that has been ordered to pay. Mom will need to modify the court order to get more money for childcare, and if she can prove the expense, she'll get it.

Didn't I say that? LOL

 

[CourtClerk]

Probably, I didn't read the responses. I'm busy trying to ignore these whining adults in this courtroom who act younger than their children...

 

[angela_irene]

We'll just hope that the payment will not be retroactive but will only start on the day that she files a motion for modification.

 

[qurice]

Didn't I say that? LOL

Not exactly. You said

Although, I will say that once its back in court, its pretty accurate that Mom might get what she wants.

and CC said

and if she can prove the expense, she'll get it.

Mom can want whatever she wants, she has to prove it's the actual cost to get it.

 

[StampGirl]

Not exactly. You said and CC said

Mom can want whatever she wants, she has to prove it's the actual cost to get it.

Yep and daycare is pretty much a given here in California. Daycare is expensive all over. All she needs to prove is that the site chosen had the availablility she needed, isn't too far out of her way, etc. The space available is key here. Daycare space is very limited esp for young children. My girls were on a waiting list for almost 2yrs before they got into their program last year.

Lets all remember that she didn't choose the expensive day care to screw Dad. She is paying half too. So her costs went up as well.