Ask A Divorce Lawyer: Am I required to pay daycare expenses if my child was not there?

Question:

My ex used her live-in boyfriend to look after our child while he was off work. Both my ex and I were working over the winter school break. Am I required to pay for that week of daycare services even though my child didn’t go to daycare?

 

 

Answer:

First I must preface my answer by stating that I do not practice in Minnesota. Because each state has laws governing family law, it is important that you seek the advice of a domestic litigation attorney licensed in Minnesota prior to taking action.  
Is there an order in place requiring you to pay daycare expenses and does your child normally go to a licensed daycare? If so, then if your ex had to pay the daycare to hold your child’s place during break, even though the child wasn’t there, you do likely have to help pay for that expense.

 

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.

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