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When do you have to stop paying for daycare?

Mrs Katch 22's picture

In the child support agreement DH has, he has to pay for half of daycare (which is to BM's sister). They're supposed to provide proof of daycare every couple of months, but they don't. So, DH's job stops providing daycare (Dependent care account) when the kid turns 13. Has anyone had to deal with this? DH said he's going to stop paying for daycare at 13, but BM might bring him back to court. If they go back to court, he'll have to pay more in support!

Is there a cut off point or daycare?

Comments

ColorMeGone2's picture

You probably need to officially modify the existing order to stop the daycare amount before he actually stops making the daycare payments. Otherwise, he'll be in contempt, regardless if the child is 13, 15 or 17. If there's no date in the order for it to stop, then he could be held in contempt if he stops it without first modifying the order.

If she agrees to a modification, then it's not that big of a deal. You draw up the papers and file them with the court. If she doesn't agree, then you're right to be afraid of going back to court to seek the modification against her will, because she may end up asking for the CS to be re-evaluated and your husband COULD end up paying more than before, depending on how their incomes have changed since the original order. I would check the laws in your state to find out if there's any age prescribed in them that a child can be left home alone. If there is, then your DH should talk to her directly about their child being old enough to not require daycare and see what she says. By far, the best way to deal with this is work it out amicably with the BM. If that doesn't work, then hi-ho, hi-ho, it's back to court you go.

This is one of those bad bugs that almost all of us get bitten by... a lot of our spouses are stuck with agreements that don't take life's little changes into consideration and then are stuck. It should have been written into the original agreement that daycare would stop at a certain age, for example. In our case, it's the actual CS amount, which doesn't stop (or lower) until the youngest child reaches 18. Hindsight is 20/20.

Dawn-Moderator's picture

I thought that most daycares only took kids up to age 12 anyway? I guess she could say that it is a private babysitter. I don't think he should have to pay daycare for a 13 year old but I would check into things before he just stops.

Dawn

sarahbernheart's picture

My sons would go to before and after school care after 12 y/o and during the summer they would go to YMCA day camp.
not sure how that would affect CS for a private babysitter.

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