1) Yes, you can file a motion to modify child support because you are on unemployment. 2) The custodial parent MAY be able to claim preschool costs, as well as daycare costs, but when you file your motion to modify, you need to ask that the custodial parent PROVE that she does actually incur all these costs. She will then have to show the judge proof of what she pays. 3) Yes, because of the change in income, you can request that the apportionment be changed to reflect the terms of FC 4061B. If you have more questions, I will be happy to answer them. Please accept my answer so I can receive credit for helping you. We can always continue our conversation at no additional charge. Thanks!
I should have clarified with regard to the UE. If you are on UE, the judge definitely does not have to order payment for preschool. If you're already paying it, he can reduce it or terminate it altogether. If the mother is home during the day, and works nights, there is no need to pay her mother for child care. You need to bring this to the judge's attention and have him question her as to why she would have to pay child care if she is home during the day. Still, even if he grants her money for child care and preschool, it might be a very reduced amount (not enough to cover everything she is asking for), simply because you are unemployed.
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