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  • motion to vary and special expenses

    I am submitting a motion to vary for CS and SP just wanted to know about the extra-ordinary (daycare), as it goes right now, I am to pay in porportion to my income but haven't even started that yet. I had submitted my paperwork to the daycare for them to start my contribution but my ex never handed in hers. Should I include this in the motion to vary?.

    thanks

  • #2
    I would make mention of this.
    Once the CS and SS have been determined the courts can also determine your proportionate share of day care (extra ordinary ) expenses as well. Briefly stating that you have initiated your obligation to cover these costs only to be stalled by a lack of cooperation from her is enough explanation for the courts. Do not bad moth her in your statements just stick to the facts and the courts will see that you have done all you can in this particular part, and require cooperation on her part in order to satisfy this portion of your obligation.

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