Originally posted by billiechic
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The judge that ruled on the final order and the judge at the last court date both explained that daycare is a shared total expense... that the NCP has every right to exercise his court-ordered access, and that the CP has every right to the same vacation time with the child if she so chooses, with any daycare fees incurred due to attendance or absence to be shared in proportion to each party's income. The CP is claiming that she shouldn't have to share financially in the NCP's court-ordered vacation time because she doesn't agree with the child being withdrawn from daycare during that time (thus incurring absence fees). Please note that she doesn't take the child out of daycare often, and so she doesn't feel she should have to contribute financially to my husband exercising his court-ordered time by taking the child out of daycare for access (we live 2hrs away). However, the odd times that she does take the child out of daycare, she expects my husband to contribute to the absence fee. Her reasoning is that he takes the child out of daycare more often than she does (because that is what has been court-ordered as his access/vacation time).
Anyhow, we are fine with sharing ALL fees, or with only having to pay full costs of fees incurred during court-ordered access. She cannot have it both ways (where we pay full costs during our access time, plus proportionate share of all other daycare expenses).
The problem is, she doesn't want to agree to one or the other... she wants my husband to pay 100% of daycare during his court-ordered time AND his proportionate share of daycare fees when the child is with her.
She thinks that she has say in which expenses are shared, and which are not. (Similarly, we contribute to extracurricular activities when the child is with her, but she refuses to contribute to extracurricular activities when the child is with us; she claims that he's on our time, and that it's our choice to sign him up.)
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