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Child Care Costs with change of Work Schedule

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  • Child Care Costs with change of Work Schedule

    Background

    - divorce agreement signed (50/50 shared and joint with our two children)
    - S7 expenses (including child care) to be paid proportionate to our incomes
    - former spouse works regular mon-fri
    - I presently work shiftwork so we only need a few days a week of childcare
    - I may be going to a regular full time position (mon-fri)
    - D-agreement states that regardless of my work schedule changing, childrens living arrangements don't change
    - me going to a full time position does not mean a change in living arrangments for our children (night for night, nothing changes)

    My former spouse is now stating that if my work schedule changes and I move to a mon-fri position I will be responsible for paying the entire additional daycare cost.

    Her belief seems to be that where our agreement entrenches our childrens living arrangments regardless of my work schedule, it also serves to protect her from having to share in any increase in this section 7 expense.

    Having FINALLY paid my lawyers bill and hoping to not have to incur anything more, has anyone been in this, or a similar situation and if so, how did you resolve the issue?

    Thank you,

    Trix

  • #2
    - S7 expenses (including child care) to be paid proportionate to our incomes
    There is your answer.

    If anything in your agreement says to the contrary then you may need to go to court - since the s. 7 expenses are split proportionally to income.

    Comment


    • #3
      Nothing in the agreement says anything to the contrary. I pay percentage X and she pays percentage x of the extraordinary expenses and childcare is paid accordingly.

      My worry is that she won't pay and that I'll have to go to court. That's what I'm trying to avoid.

      Comment


      • #4
        You will have to pay the childcare, no matter what. You are already using some childcare and she should already be paying her share, you should be keeping meticulous records.

        Each month you send her an email detailing the proportionate amount she owes. If she doesn't pay, then the following month you detail the amount for that month and add it to the total.

        If you don't inform her like this, you are essentially agreeing to her assertion that she doesn't pay. Ignore the fact that she isn't paying for now. It sucks, but you have no other options.

        You can't go to court over $200 or whatever the share for a month would be. (You could, but it would be ridiculous.) Let the arrears pile up and when it is a worthwhile amount, take her to court then.

        The fact that she pays a proportionate share of section 7 is in your separation agreement, and it is also in legislation (see Federal Child Support Guidelines, section 7.) When you go to court you have covered your ass by giving her monthly requests for the amount she owes and you have records (emails, and eventually a registered letter for the larger amount just before you file; all financial records of amounts she paid to teh daycare and the actual costs.) She is in the wrong, you make sure that you seek costs and this will pay your lawyer.

        However it is more than likely it won't go to court. As soon as you file, she will realize she will lose (as soon as she shows it to a lawyer, if she doesn't realize on her own) and she will settle with you.

        The thing to make sure of in this scenario is that you keep control of your lawyer. Your lawyer sends ONE letter, then you file. Don't let your lawyer drag it out and run up the bill.

        Comment


        • #5
          Thank you mess, sound advice.

          Thankfully, as I have yet to secure the position (and may not), our daycare costs are presently split as per Section 7. If it came to it, my course of action would be exactly as you described. There was never a question that if push came to shove I would eventually be re-paid for extra monies paid. My hope is to avoid it. As a pre-emptive measure, if I secure the position, a letter will be forwarded to her lawyer advising (reminding) her of her responsibility.

          Comment


          • #6
            Will you be earning more as a result? If yes, then you'd receive less CS (or pay more?). Would that balance out the increased S7 costs for your ex? The sticky bit is that CS is commonly adjusted in the following year.
            Last edited by dinkyface; 07-18-2012, 08:09 PM.

            Comment


            • #7
              The change in my work schedule does not affect my income, just a different work schedule is all.

              In the end, it's much ado about nothing. Daycare will get paid, the cost is S7 and she either pays her share now, or later.

              Comment

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