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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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My ex wife is withholding our girls from day care this

Customer Question

My ex wife is withholding our girls from day care this summer at specific periods, in which is decreasing the children's monthly expenditures. Child care is lumped into support. Based off my % of income responsibility am I able withhold that % of the decrease (no child care) ?
Submitted: 4 months ago.
Category: Family Law
Expert:  originallawyer replied 4 months ago.

While your thinking makes sense, you cannot pay anything other than what the court orders you to pay unless the court modifies the order. Failing to pay less than you are court ordered, without requesting a modification, makes you subject to potential contempt charges. The other option would be to work something out with your ex-wife, where she returns a portion the support you paid.

Customer: replied 4 months ago.
But she is not obligated to pay any return due to this decrease in child expenses...?
Expert:  originallawyer replied 4 months ago.

Unfortunately, no, she's not obligated to do this, unless a Judge orders her to do so.

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