When can I stop making child care payments? 5 Answers as of April 20, 2011

My daughter is 9 years of age. The Court Order makes the child care a separate payment from child support, to be determined between mother and father. If my child goes to school full time, when can I stop paying the child care payments?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your question is unclear, and without seeing the exact wording of the order, my answer would only be a guess.

If the order requires the parties to split the cost of child care, and child care stops when the child begins going to full time public school, that might trigger a change. However, the mother may still need some child care to handle afternoons after school while the mother is working, so don't rely on my guess.

You would best consult and/or retain an experienced Family Law Attorney to review the exact wording of your order, advise you regarding the specifics of your matter, and represent you in your case.
Answer Applies to: California
Replied: 4/20/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
The answer is as soon as you get a Court order terminating the payments. You might get away with not paying for the child care any more, as an equity argument, but to be sure, you will want to file an Order to Show Cause and show that there has been a change of circumstances, to wit: the child is not in daycare anymore, to justify terminating the payments. Usually, the parents split the costs of daycare, though I do not know the specifics of your situation, and maybe you earn far more than your daughter's mother. Just be sure that the Court does not just shift the money over to child support. If that might happen, you're better off agreeing with the mother that the payments are not justified, and then putting that in writing.
Answer Applies to: California
Replied: 4/19/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can stop paying child care when the child care is no longer needed or used.
Answer Applies to: California
Replied: 4/19/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
When child care is no longer needed (i.e., you child is no longer going to daycare) or for some reason, your ex is no longer paying for child care.
Answer Applies to: California
Replied: 4/18/2011
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