My question involves child support in the State of: Delaware.
Hello All,
I am really hoping someone can point me in the right direction here. I am a young single mom, and hiring a lawyer is REALLY not in my budget right now. So here is the story:
I share joint legal and physical custody of my son with his father. We both have my son exactly 50% of the time. In the custody order, it states (word for word) "Mother's decisions in reference to daycare or school will prevail over Father's in the event of disagreement, pending a hearing if there is any new filing." I take this to mean that if we disagree on child care, my decision stands unless we bring the issue to court - at that time the judge will decide.
We also have a child support agreement that states that my ex is responsible for payment of child care. I understand that this is kind of weird considering the fact that day care is ultimately my decision - stay with me.
My son's father makes less money than I do, and is able to receive discounted childcare. It isn't state assistance, but the child care center uses a sliding scale based on income to determine the fees, plus he gets an additional discount based on where he works. This is the reason that he is the one that enrolled my son, signed all of the contracts, and pays for the daycare. Based on the receipts he provided to the court, I pay child support that is roughly (just over) half of the amount of the child care fees. It is attached from my wages twice per month like clockwork.
We both use the child care center. The center director knows me, as I drop off and pick up my son every week from the center. However, I am not listed on any of the enrollment agreements with the center as far as financial responsibility.
I picked up my son from daycare a few days ago, and inside his backpack was an envelope with my son's name on it. I opened it. It was a letter from the center indicating that the tuition for the fall would be increasing. To my surprise, the amount that the center is increasing my son's tuition to is LESS THAN HALF of the amount my son's father told the courts he has been paying. Instead of half, I found out that every month I am paying MORE than the total monthly tuition in child support.
What do I do?
Should I file a Modification of Child Support and present the letter to the court as evidence? I feel like that could be he-say, she-say business. Should I subpoena the child care center director to testify or produce records? How do I even do that? Is there a way I could get back the money that I've been overpaying, or do I have to be content with changing the support order going forward?
I am thinking it may be my best bet to file the Modification and ask that financial responsibility for child care be given to myself instead of my ex. Because the custody order gives me the preference with child care decisions, maybe the court will agree that it makes sense to give me financial responsibility as well. If they just change the order so that I will pay child care, he will end up having to pay support. But still - I would like to be able to get some of the money back that I've been paying for almost a year if possible. Sorry - this got a little long.
Help - PLEASE!!
Hello All,
I am really hoping someone can point me in the right direction here. I am a young single mom, and hiring a lawyer is REALLY not in my budget right now. So here is the story:
I share joint legal and physical custody of my son with his father. We both have my son exactly 50% of the time. In the custody order, it states (word for word) "Mother's decisions in reference to daycare or school will prevail over Father's in the event of disagreement, pending a hearing if there is any new filing." I take this to mean that if we disagree on child care, my decision stands unless we bring the issue to court - at that time the judge will decide.
We also have a child support agreement that states that my ex is responsible for payment of child care. I understand that this is kind of weird considering the fact that day care is ultimately my decision - stay with me.
My son's father makes less money than I do, and is able to receive discounted childcare. It isn't state assistance, but the child care center uses a sliding scale based on income to determine the fees, plus he gets an additional discount based on where he works. This is the reason that he is the one that enrolled my son, signed all of the contracts, and pays for the daycare. Based on the receipts he provided to the court, I pay child support that is roughly (just over) half of the amount of the child care fees. It is attached from my wages twice per month like clockwork.
We both use the child care center. The center director knows me, as I drop off and pick up my son every week from the center. However, I am not listed on any of the enrollment agreements with the center as far as financial responsibility.
I picked up my son from daycare a few days ago, and inside his backpack was an envelope with my son's name on it. I opened it. It was a letter from the center indicating that the tuition for the fall would be increasing. To my surprise, the amount that the center is increasing my son's tuition to is LESS THAN HALF of the amount my son's father told the courts he has been paying. Instead of half, I found out that every month I am paying MORE than the total monthly tuition in child support.
What do I do?
Should I file a Modification of Child Support and present the letter to the court as evidence? I feel like that could be he-say, she-say business. Should I subpoena the child care center director to testify or produce records? How do I even do that? Is there a way I could get back the money that I've been overpaying, or do I have to be content with changing the support order going forward?
I am thinking it may be my best bet to file the Modification and ask that financial responsibility for child care be given to myself instead of my ex. Because the custody order gives me the preference with child care decisions, maybe the court will agree that it makes sense to give me financial responsibility as well. If they just change the order so that I will pay child care, he will end up having to pay support. But still - I would like to be able to get some of the money back that I've been paying for almost a year if possible. Sorry - this got a little long.
Help - PLEASE!!
Expenses: Child Care Expenses Fraud
0 commentaires:
Enregistrer un commentaire