Father paying for full daycare alone

[NewMetalChaos]

Hello all,


I am in a middle of a divorce, my wife asked for a lawyer to create a custody agreement of our daughter. I wanted to help my wife so agreed to pay for daycare, which was not very smart of me. Now my wife is taking advantage of this agreement and she is taking my daughter to daycare more often, meaning that I am paying more for daycare while she makes more money. She currently has a MUCH higher income that I have.
Our physical custody is 50/50, she is only paying for our daughter health insurance. I have not signed the divorce paper yet, only the custody agreement. The agreement was signed 7 months ago, I am trying to buy a house now and I cannot afford a house and pay for daycare alone. Our daughter is 2 years old. I do not know how to change, cancel, or come up with a new agreement, all I want is fairness, I want split expenses. I would hope that if I went to Domestics, they would make the expenses 50/50?

This is the part of the agreement that says that I will pay for daycare fully:

"The parties agree that the Child shall attend a mutually agreed upon daycare throughout the week, and that the costs associated with any daycare shall be paid by Father."

We live in Pennsylvania.

Thank you!

 

[Ohiogal]

Hello all,


I am in a middle of a divorce, my wife asked for a lawyer to create a custody agreement of our daughter. I wanted to help my wife so agreed to pay for daycare, which was not very smart of me. Now my wife is taking advantage of this agreement and she is taking my daughter to daycare more often, meaning that I am paying more for daycare while she makes more money. She currently has a MUCH higher income that I have.
Our physical custody is 50/50, she is only paying for our daughter health insurance. I have not signed the divorce paper yet, only the custody agreement. The agreement was signed 7 months ago, I am trying to buy a house now and I cannot afford a house and pay for daycare alone. Our daughter is 2 years old. I do not know how to change, cancel, or come up with a new agreement, all I want is fairness, I want split expenses. I would hope that if I went to Domestics, they would make the expenses 50/50?

This is the part of the agreement that says that I will pay for daycare fully:

"The parties agree that the Child shall attend a mutually agreed upon daycare throughout the week, and that the costs associated with any daycare shall be paid by Father."

We live in Pennsylvania.

Thank you!

File to modify the agreement and prove that circumstances have changed since you signed it. Subpoena wife's current income and pay stubs for the last six months. And never buy a house while in the middle of a divorce.

 

[LdiJ]

Hello all,


I am in a middle of a divorce, my wife asked for a lawyer to create a custody agreement of our daughter. I wanted to help my wife so agreed to pay for daycare, which was not very smart of me. Now my wife is taking advantage of this agreement and she is taking my daughter to daycare more often, meaning that I am paying more for daycare while she makes more money. She currently has a MUCH higher income that I have.
Our physical custody is 50/50, she is only paying for our daughter health insurance. I have not signed the divorce paper yet, only the custody agreement. The agreement was signed 7 months ago, I am trying to buy a house now and I cannot afford a house and pay for daycare alone. Our daughter is 2 years old. I do not know how to change, cancel, or come up with a new agreement, all I want is fairness, I want split expenses. I would hope that if I went to Domestics, they would make the expenses 50/50?

This is the part of the agreement that says that I will pay for daycare fully:

"The parties agree that the Child shall attend a mutually agreed upon daycare throughout the week, and that the costs associated with any daycare shall be paid by Father."

We live in Pennsylvania.

Thank you!

Normally, in a 50/50 timeshare there is some child support paid by one parent to the other. It is based on who pays what expenses and the relative incomes of the parties. Childcare expenses are expected to be for a 40 hour workweek, so unless you are being asked to pay for child care well in excess of that, that is normal, although they are normally apportioned between the parties, as is health insurance and other expenses.

How does your wife have a much higher income than you do, when it appears, from your description, that its possibly part time?

 

[Ohiogal]

Ignore LDIJ and realize that she has no law degree and take any advice she gives you with a grain of salt is she is totally pro mother. She is wrong about childcare expenses for instance. As for child support, depends on the difference in income for 50/50 time share. And health insurance is NOT apportioned completely. The child's portion may be but that isn't what she stated. Other expenses? Out of pocket for health, dental, orthodontia and vision may be. But what other expenses she has not mentioned. She is also making excuses for mom's HIGHER income.

 

[NewMetalChaos]

Normally, in a 50/50 timeshare there is some child support paid by one parent to the other. It is based on who pays what expenses and the relative incomes of the parties. Childcare expenses are expected to be for a 40 hour workweek, so unless you are being asked to pay for child care well in excess of that, that is normal, although they are normally apportioned between the parties, as is health insurance and other expenses.

How does your wife have a much higher income than you do, when it appears, from your description, that its possibly part time?

She works night shifts and weekends, so our schedule works out well but she is picking more days at work, which means that I have to pay for these days. We both work pretty much the same amount of hours a week. Since she makes at least 100% more money that I make, do you think that she will have to pay for majority of our daughter's expenses? In advance, thank you so much for the reply

 

[NewMetalChaos]

Ignore LDIJ and realize that she has no law degree and take any advice she gives you with a grain of salt is she is totally pro mother. She is wrong about childcare expenses for instance. As for child support, depends on the difference in income for 50/50 time share. And health insurance is NOT apportioned completely. The child's portion may be but that isn't what she stated. Other expenses? Out of pocket for health, dental, orthodontia and vision may be. But what other expenses she has not mentioned. She is also making excuses for mom's HIGHER income.

Thank you for your reply! I was thinking about going to Domestics, I just want split expenses. Like Ohiogal said, maybe I will be able to explain that the circumstances have changed and I just want to be able to get a better place for my daughter to live. I am going to talk to a lawyer to see the first steps to change or cancel this agreement. I hope that I do not have to go through a lot, all I want is fairness and split expenses.

 

[HRZ]

Fair is where you get cotton candy ....get a lawyer and address what is best for your point of view and that of your child

 

[Zigner]

...maybe I will be able to explain that the circumstances have changed ...

Your wife is working and puts the child in daycare while she works. What circumstances have changed?

 

[Ohiogal]

Your wife is working and puts the child in daycare while she works. What circumstances have changed?

Her income has increased

 

[Zigner]

Her income has increased

Perhaps...
The OP should clarify if her income is considerably higher than it was at the time the agreement was signed.

 

[NewMetalChaos]

What changed since the agreement:

-- She is working extra days and making more money. She is not willing to help me to pay for these extra days of daycare.
-- I am trying to buy a house but it will be extremely hard to afford if I keep paying daycare alone.
-- I am moving to my new house where my daughter will have her own room
-- Currently I live in my friend's basement and share the room with my daughter

I also think that since my daughter is so young, 2 years currently, this agreement cannot be permanent. Things change, people move, change jobs, change schedules, so I assume that it is normal to come up with a newer agreement. My wife told me that I would need to get my own lawyer to change the agreement, but what if I to go Domestics and let a jury or whoever make the decisions for us? Since My wife makes more money, and I am paying for majority of the expenses, I think that I can get a better deal? Again, the physical custody is 50/50, I have the same expenditures that my wife does.

She makes 40 an hour while I make 20.