Where your ex wants to put the child in a day care that is not providing the minimum necessary day care, but, as you describe it a "more academic day care," the argument is there to claim that your ex is spending money that is not necessary to spend. You add to that your argument that you don't have the ability to pay the minimum necessary day care expenses, and you have an argument that what your ex is trying to make you do is inequitable and ultimately not the best interest of the child because if you cannot afford to provide for the basics of the child if you are forced to pay for good, but prohibitively expensive, day care, which prevents you from providing the child with the necessities of life. You may want to consult your Decree of Divorce contains requirements that day care expenses cannot be incurred unless they are deemed "reasonably necessary" or "reasonably affordable" or described in other such terms. There comes a point in every family's finances where they have to pick their priorities. It is good that your ex is current on his other child support obligations. This shows that where he's capable, he is paying is a support obligations for the children. If he comes to court claiming you cannot afford any additional expenses, the court is likely to take you more seriously than if he were not even meeting his basic child support obligations. Here's a possible compromise for resolving this dispute over day care expenses: let's assume that the minimum necessary day care provider charges $400 a month, but the "more academic day care" that your ex wants to use costs $800 a month. Let's also assume that your Decree of Divorce orders you and your ex to share the costs of day care equally. Your half for minimum required day care would be $200 each month. You could offer to give your ex $200 a month and then tell her that if she wants to pay for the more expensive day care, you have no objections, but she would be required to pay the balance over and above the minimum necessary costs that you are required by the Degree of Divorce to pay. In other words, you end up paying what you are required by the Decree of Divorce paren i.e., $200), and your ex would pay the balance of what it takes to put the child in the more advanced academic day care (i.e., $600). This appears to me to be a perfectly equitable solution. The question of how you would bring this matter before the court and get an order protecting you is actually the more difficult question. In an odd sense, you would be arguing that your ex is acting contrary to the best interest of the child, and perhaps violating the terms of the decree of divorce by attempting to force the other parent to do something either the decree does not require him to do or that the decree does not cover. So would you file a motion to hold the ex in contempt of court? Or would you have to give notice to your ex that you refuse to agree to pay for a portion of the child's more expensive day care and then wait for your ex to take you to court trying to claim you are in violation of the decree of divorce? Your Decree of Divorce probably contains a clause that requires you and your ex to submit any disputes between you to an attempt to settle in mediation before you can take the matter to court for resolution. If so, make sure you document a proposal and offer to your ex indicating clearly that you are willing to take the matter to mediation to see if it can be resolved there. If your decree requires mediation before you can take a matter before the court for resolution, then by attempting mediation, you can more clearly argue that you are entitled to take the dispute before the court for resolution through motion practice. If your ex either refuses to go to mediation, or goes to mediation and still does not resolve the matter with you, then if I were your attorney, I would file a motion with the court explaining that there is a dispute over what the Decree of Divorce means and
Answered on Jun 19th, 2014 at 8:13 PM