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Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
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Experience:  Experience in family law, abuse and assault victim advocate
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My childs mom just got a promotion and the hours

Resolved Question:

My child''s mom just got a promotion and the hours make her unable to take our child to daycare. i already pay child support and half of childcare. Am I now accountable for her paying a babysitter to in essence take our child to the babysitter(daycare) when she can''t pick her up or drop her off
Submitted: 8 years ago.
Category: Family Law
Expert:  Leslie D. replied 8 years ago.

Hello bjoel,

I'm sorry to hear about your situation, that sounds very frustrating. What does your current court order say about child support and childcare? If you are obligated to pay for the babysitter under the order, you can file a petition to modify the order and ask the court to consider the fact that you are already paying for daycare, and that it is the mother's job that is creating the extra expense of the babysitter. The court may or may not modify the order to require her to pay for the babysitter, but if you are already paying for daycare and it's the mother that is creating the extra expense, there is a good chance that the court will create an order relieving you of the obligation to pay for this.

What were the papers that you just got served with? Did the mother file some action regarding this situation?

Please let me know if you have any other questions. If this answers your question, please click "accept" so I may receive credit for my answer.



Customer: replied 8 years ago.
Yes she did I was serve yesterday. She filed that since the previous order there has been a change of circumstances in that the petitioner income has decreased and her expenses have increased.
Expert:  Leslie D. replied 8 years ago.


In this case, you will not have to file for a modification. You will want to go to the hearing and explain that you already pay for daycare, and that paying for an extra babysitter will be very burdensome on you. Since her income has decreased, the court may or may not make you pay for the babysitter. Is there any way that the daycare cost can be eliminated or decreased? Is she still using the daycare? If the problem is just with the drop off and pick up, maybe you could ask the court to require her to find arrangements for the children to be dropped off or picked up from daycare. It is hard to predict the way that this decision will come out, as it will be largely at the court's discretion.

You may want to hire an attorney to represent you in this matter. An attorney will be able to represent you during court proceedings and strategize with you to present your strongest case.

Please let me know if you have any other questions.



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