Daycare Payments

Daycare payment on her time?

Daycare PaymentsQuestion:

My divorce was finalized a couple of yrs ago and the final judgment states that I have to pay 90% of daycare cost. The question is, each of us is supposed to get two weeks vacation time with our daughter in summer every year. This year, her mom is telling me that she won’t be able to take two full weeks due to her job and she will send her to daycare during that time and wants me to pay that 90%. Do I have to even when it’s supposed to be during her time? My lawyer is saying yes. Then another lawyer( A friend of friend) is saying no. I Can’t express how much I hate this vague and yet often one sided tendency coming from family court I’ve experienced. Is there any clear answer to this?

Download Our Free Divorce Guide

Answer:

Any attorney would need to read your Agreement/Decision and Judgment to give you the proper answer. However, it is likely that your judgment “allows” each of you up to two weeks of vacation time during each summer. It is unlikely that it obligates either of you to take a vacation or to take time off from work. If that is correct, then you are obligated to pay your share of daycare if your daughter is in daycare while her mother is working.

This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Child Support Lawyer .  This does not consent an attorney client relationship.

Leave a Reply