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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 869
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My husband pays half childcare costs, which is

Customer Question

My husband pays half childcare costs, which is understanding. However, other parent has the childcare costs paid in full though employer benefits. What are the guidelines for this considering it is not an out of pocket expense?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I cannot pay
JA: Is there anything else the Family Lawyer should be aware of?
Customer: No. I pay half childcare along with basic
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.


When the original order was signed, was the child care cost covered?

Customer: replied 1 year ago.
Not that I am aware of. There are pays tub proof that it started last year around March. Order was modified two months ago and my husband tried to address this.
Expert:  originallawyer replied 1 year ago.

I don't see why he should be paying half the child care cost if it's fully covered. It should have been addressed by the Judge when the order was modified. The only way to get it out of the order would be to have the Judge remove it or the parties agree. It would all depend on why it was left in the order two months ago.

Customer: replied 1 year ago.
My husband asked the judge who he pays. He had pointed it out on paper with his request. The modification was due to his increase in income. He just happened to notice the new benefits she started receiving last year. He used his judgement on if talking further would upset him.
Expert:  originallawyer replied 1 year ago.

Ahh, okay. Well, at this point, he would need to ask the court to modify the order to remove his requirement to pay for child care costs. If he suddenly stops, and it's still ordered that he pay half the child care costs, she could ask to have him held in contempt of court for failing to follow the court order.

Customer: replied 1 year ago.
Ok. So a modification is OK though they just had one? Or should he seek relief? He also was sent by email, during the modification review, a declaration from other parent's employer (who is a longtime friend of hers) claiming she receives childcare benefits in lieu of a salary increase. This was done because her lawyer looked at my response last minute and had to come up with something. I don't believe it and it shouldn't matter as its clearly a benefit and she received a raise separate from that.
Expert:  originallawyer replied 1 year ago.

Whether or not the modification would be okay depends on your state. Some states require that parties wait a year before modifying, or that there be a substantial change. What I don't know is a) what state you're in and b) whether or not a Judge would consider this a substantial change if it was somewhat brought up during the last modification. It's possible that since the issue wasn't pressed in court, the Judge might consider that he waived the issue and a modification would be struck down.

But you're right. If he's paying child support AND half of the child care costs, then it doesn't matter what her employer considers the child care benefit.

Customer: replied 1 year ago.
Can he seek relief then? Childcare was already part of the order. Since he came across email after review (considering it was sent during the hearing) it is considered new evidence from her employer admitting to childcare benefits. This should be enough to ask for releif?
Customer: replied 1 year ago.
oh. And he makes less than other parent. He does not have violations and the judge went in his favor during review.
Expert:  originallawyer replied 1 year ago.

It would depend on the Judge's rules on the issue. Some Judges would say seeking relief falls under a modification. At this point, it would probably be good to sit down with an attorney who knows this Judge and their practices. Every Judge is different.

Customer: replied 1 year ago.
I know that I read somewhere that relief can be done without a hearing.

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