How can I make my husband pay for half of our childrens daycare? 18 Answers as of December 14, 2011

My husband lives with another woman and their new baby. He pays me $446.00 a month in child support. I was receiving public assistance for childcare, and then lost funding. The monthly cost for daycare is $1200.00 a month for both kids. My husband is refusing to pay half of the daycare costs and says he cant afford it. I am unable to work because I can't afford it, either. I have been evicted, and was forced to move in with my disabled parents. How can I have a judge order my husband to help with daycare? His girlfriend is the main bread winner in their household and they go on cruises and ect. He can afford it, he just wont pay.

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Reza Athari & Associates, PLLC | Seth L. Reszko
If this cost is not covered by child support, you could seek a modification of the support order for your husband to be responsible for the costs of day care. Of course, your husband's income will be a factor whether the order will be modified.
Answer Applies to: Nevada
Replied: 12/14/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
The first thing to do is to look at your child support order. It may already have language in it regarding daycare. If it does, then, you just need to enforce that. If it does not, then, you need to bring an action to modify the child support. I, of course, cannot predict the outcome. However, I imagine that the court will want both parents working and supporting the children if possible. Therefore, if making some sort of provision for child support is what it takes, then, the court may well do that.
Answer Applies to: Washington
Replied: 11/30/2011
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
If you are still receiving public assistance for the child, talk to your case worker to obtain state assistance in (1) adjusting the amount of child support and his share of child care costs, and (2) collecting any past due. If your are not on public assistance, then your must go to court to obtain (1) and (2).
Answer Applies to: Washington
Replied: 11/30/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
If child support is being paid pursuant to a court order, then his portion of day care is included in the child support unless there was no day care expense when child support was calculated. If, at the time child support was calculated, your public assistance was included in calculating support, then you might want to file a motion to increase child support based on the loss on your public assistance. Also, if you day care cost has increased since the original order, that may be an additional reason for a support review.
Answer Applies to: Michigan
Replied: 11/30/2011
Marca Tanner Attorney at Law | Marca Tanner
In Utah, parents splitting daycare costs is statutory. See U.C.A. 78B-12-214. If you are incurring childcare costs because of work, if your divorce decree does not say otherwise, you are entitled to half of your daycare costs. This is something you could take to court and force. Check your divorce decree. If there is something in there regarding daycare (and there SHOULD be) you can file a Motion for Order to Show Cause, essentially asking the court to find your ex in contempt for failure to pay daycare costs, and requiring him to do so. You may even be able to get the court to order the ex to pay your attorney's fees on this. DO check the statute you have to give him reasonable notice of incurring the daycare expense. I'd advise hiring a lawyer for this one. If you can't, check the Utah State Courts website, in the Self-help section. They should have instructions on how to do this yourself.
Answer Applies to: Utah
Replied: 11/30/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    I am unclear why daycare is needed if you are currently not working. Typically the courts will order childcare or daycare as it relates to a parent's work or school attendance.
    Answer Applies to: California
    Replied: 11/30/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to immediately file a supplemental petition for modification of the child support. Daycare can and should be included as part of the child support calculation, and if it's $1200.00 a month, then his current child support amount not nearly enough.
    Answer Applies to: Florida
    Replied: 11/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado, reasonable costs of day care for you to pursue employment is a joint parental obligation. You need to get the divorce court to establish a monthly child support obligation, which will include a share of the reasonable day expense.
    Answer Applies to: Colorado
    Replied: 11/29/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can file a complaint and request the child care costs.
    Answer Applies to: New Jersey
    Replied: 11/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there is no court order addressing child care, you must file a Motion with the court to have an order entered that would divide any out of pocket costs related to child care proportionate to income.
    Answer Applies to: Minnesota
    Replied: 11/29/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You can try to have the child support modified to include the costs of daycare, but I imagine that your husband would argue that if you are not working, the children probably do not need to be in daycare. However, any child support award is going to be based only on yours and his incomes. His girlfriend's income is not considered.
    Answer Applies to: Florida
    Replied: 11/29/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    File for modification of child support. Be aware that there is a limit to how much you will receive. Go to the Alabama administration of courts web site for child support forms and information.
    Answer Applies to: Alabama
    Replied: 11/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If your existing child support order doesn't provide for day care, ask the court to modify your existing child support order to do so.
    Answer Applies to: Washington
    Replied: 11/29/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    File a modification petition with the court that ordered the support. State that the change in circumstances is the new child care expenses, the court will almost always grant his first share of child care expenses.
    Answer Applies to: New York
    Replied: 11/29/2011
    Law Office of Aubrey Srednicki
    Law Office of Aubrey Srednicki | Aubrey Srednicki
    Daycare cost is one of many factors considered in calculating child support under the Arizona Child Support Guidelines. If you have had a substantial and continuing change in circumstances (such as an increase in daycare cost), you may consider filing a modification of child support. However, there are many other factors that should be evaluated and could effect your outcome. Thus, you should contact an attorney to discuss all facts and circumstances of your case to determine the best course of action for you.
    Answer Applies to: Arizona
    Replied: 11/29/2011
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