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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-08-2017, 09:42 PM
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Default Change in CS and S7 daycare mid year, what now?

Hello,
I have posted a couple times here and received some great advice. I'm hoping for that again. I spent 30 mins typing a really good post and lost it due to computer issues...so I will try again.

In a nut shell:

- despite not having an officially amended separation agreement because my Ex refused to go for the 3rd and final mediation meeting where we were supposed to write down and sign what we had discussed/agreed to she has been good about sticking to the changes...while they were in her favor.
- My lawyer had suggested that I "play nice" and stick to what was agreed to while I built up new "status quo" over the past 6-7 months. So, that's what I've been doing.
- I have increased my time from 5 days a month to now a minimum 12 days a month over the past year. I have a job that provides a set schedule that allows me 5 and 7 days each month where I am off and now that I moved within walking distance to the children back in October 2016 I had requested to add the 7 days off to the 5 days we were doing for 6 months prior to that when I lived 45 mins away. My ex initially refused stating (over the phone) that the 5+7=12 would be 40% and that she still wanted me to pay full support....hence the mediation which took until the end of January 2016 to finally get her into (it was a requirement for dispute resolution in the separation agreement that we did sign 5 years ago).
- During mediation when asked by the mediator didn't I want her pension or value of the home (that I bought), and I said "its not about the money, I just want to see my kids" but then continued, and this is where somebody should've rushed in and punch me in the face, "in fact, I'll pay full support for 6 months after I have them 40%+." Well my ex has been holding me to that and that has been fine.
- The above continued support included my share of the S7 day care for two (2) kids, daughter 11 and son 7. Well my ex took both kids out of daycare for August and only my son returned to daycare in September. Yet, I have stuck to what was agreed and continue to pay CS and daycare based on my 2016 tax info. until November 1st in good faith.
- Today I received a text asking about the new updated checks that will reflect the lower support payment based on the now established 40/60 schedule (some months I've had them for 60% but that's neither here nor there just safely establishes the new access). This text basically acknowledges that there will be a change and that she is sticking to what we agreed to in mediation....except for one thing...she wants me to continue to pay the $271 per month that the mediator had calculated as my share of the S7 Daycare costs for two kids until we exchange taxes again in May of 2018.
- Both kids were the same cost for daycare so shouldn't I just divide $271 by 2 and pay that until May of next year when my share will be recalculated? Why should I pay for 2 kids in daycare when there is only one and has only been one for over a month now?

I'm 24 days today from my last full CS/S7 payment and don't want to mess things up but at what point is enough going to be enough?

Regardless if S7 daycare costs were calculated based on last year's taxes if there is no child in daycare mid year I shouldn't still have to pay for daycare till the exchange of taxes again should I?

Thanks for your time and consideration with this.
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Old 10-08-2017, 11:17 PM
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Tell her you want proof the kid is in daycare.
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Old 10-09-2017, 12:01 AM
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I assume you are talking about receipts or invoices? That way it would reflect that there is only one currently enrolled in afterschool care/daycare? I know that there is only one as I pick him up there on the weekday handover but I understand the request for a paper trail.

So, then I'm correct though in that I shouldn't have to pay for a child that isn't in daycare anymore despite the fact the original S7 sum was calculated at tax time based on two, i.e. it doesn't require a payment for an entire year it was just the calculated amount should the child, children stay in daycare for that year until the next tax exchange.
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