Do I Have To Pay Daycare If My Ex Is Using It Outside Of Her Normal Work Schedule?

Omaha Nebraska Divorce LawyerQuestion:

I pay a fixed monthly child support amount along with 75% of child care expenses incurred for work-related purposes.

My ex recently informed me that she’s taking the kids to daycare an additional day each week to work a side job.

Can I contest the fact that daycare is being used outside her normal work schedule at an assumed side job? Doesn’t she need to prove that she is in fact working and not just out drinking all day?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.

I would expect that your decree reflects that you are to pay “employment related” daycare expenses.

Unless your decree states differently, then you should pay the extra expenses since a second job is not specifically addressed. But you are correct, that daycare expenses incurred for her social activities would not be included in this.

I am not aware of any exception that would allow you to get out of your daycare obligation because she is working a second job.

However, the extra time that she is now spending away from the kids could be grounds to modify the custody and/or parenting time order. Is it possible that the children could be left with you, as opposed to a third party?

The issue of her increased income could also be grounds to have child support modified. If she is earning more money for at least three months, and her increase in income would change the child support payment you owe by more than 10%, then you could file an Application to Modify Support, at least according to my state’s child support laws.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Nancy Shannon, contact Cordell & Cordell.

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