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Old 12-10-2009, 11:42 AM
#1StepMom #1StepMom is offline
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Default CP Demands That NCP Pay Extra To See Child On Court-Ordered Days - Any Advice?

According to the court order, my husband is scheduled to have his child for vacation time for X amount of days.

The child's mother is refusing to allow my husband his court-ordered time unless he first pays her 100% of the daycare fees associated with the child being absent from daycare during his vacation time with his dad. (Please note that it is not possible for us to bring the child to daycare daily during my husband's court-ordered vacation time in order to avoid the absence fees, as we live 2hrs away, one way.)

We are planning a trip south over the holidays, and require her to sign a consent to travel. She told us that she will only sign the consent if we pay her the full absence fees for the days that the child will be with us on holidays. (This demand only arose when we requested the consent to travel. When the vacation schedule was made in October, she had no issue with the amount of days that the child would be absent from daycare due to the court-ordered vacation time.)

The court order states that ALL daycare expenses are to be shared proportionately to income.

The judge indicated in his ruling (though not in written form in the order) that all daycare expenses shall be shared regardless of the reason for which they are incurred - whether the child is ill or spending time with his father on court-ordered vacation days. (She brought her demand up with the judge, and he told her that her demand was unreasonable; that daycare is a shared total expense.)

The child's mother is refusing to abide by the order and expects that my husband pay 100% of the daycare fees associated with absences during his court-ordered vacation time. She also expects my husband to provide at least 50% of all other daycare expenses.

Any suggestions on how to go about this?

We don't want to have to cancel our trip because she's demanding money against the court order.

We also don't want to have to pay extra in order for her to agree to sign the consent to travel (even though in the court order it states that each party will sign a consent to travel and provide the required documentation without penalty, on the request of the other party).

Any advice would be great!

Last edited by #1StepMom; 12-10-2009 at 12:05 PM.