What is the correct amount of child support and what to do about daycare expense?

I am the primary parent for 2 boys. I have them 65% of the time. In our child custody papers it has him paying me child support. He has them Monday at 8:00 to Wed at 5:30 and then I have them from Wed night to Monday, beside every other Friday and 1 saturaday of the month. I make 63,500 a year and he makes about 30,000 a year. and daycare is $130.00 per week for a full week. The kids have to go to a daycare on my days and for be to keep them in the current daycare we are charged my the full week. My lawyer says that I only have to pay for my time and his lawyer says I have to pay the full week. I know when we took it to court I was trying to get them during the whole week. how i was not given that but they didn't ajust the amount in which i would have been paying in daycare if i would have been paying. I want to know which lawyer is right and if I need to pay full amount of day care or if he needs to pay for Mod-Wed and I am to pay Thur and Friday. I want to take them out of the daycare and have my mom watch them for the amount that I would be paying to the daycare if I could just pay for the 2 days and my ex will not let me and in our child custody papers it says we have to agree. Right now the daycare is billing me and billing him and I know he will not pay his half since he has stopped using them on Mon-Wed, so then the daycare will stop watch them. Then is it ok for me to use my parents to watch them? And what should be the amount he pays in child support.?

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Answer 1 / 2

Submitted 216 days ago...

Fakery

Brain (2,574)

What is the right amount? the judge would determine that.

as far as the day care situation. if you can only be billed in full weeks and not by the day, then you should be able to have your mom watch them on your days, if he isn't using them.

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Answer 2 / 2

Submitted 31 days ago...

tomturkey

Brain (2,862)

Well it sounds like to me that he is not to smart if he is not willing for you to let your mother watch your children not only is it cheaper but it is always nice when we have a family member watch our children,the enviroment is so much nicer for the children. If it is not stipulated in the divorce degree that he has to pay for day care then he is does not have to pay. It is unforunate for you that the day care is charging you for a week instead of the two days,but if you choose to agree to this then your responiable for the whole week not your ex. Have you checked other day cares in your area maybe there are some that will only charge either by the hour of by the day. The only other choice that you have is to file a motion with the court modiflying the orignal order asking that he either pay for part of the day care,or get it stipulated that you can have a family member watch your children, although I think that you might be mistaking what the court order states about you both having to agree to day care or anything , it usally stipulates that you both have equall say in regards to decition making with the children,however that does not mean that if you can't agree on something that you can't make the decition, you are the primary care giver and the children are with you 65% of the time. The court is not going to be upset if you let your mom watch her grandchildren,what is he going to do try to get you in contempt of court every time you don't do what he wants. If he tried taking you to court then let him he will pay the attorney and the judge is not going to get you in comtempt over this issue, infact the judge will more likely grant it so I don't think that this is just cause for him to take you to court. You might want to know that because you make twice as much as he does the court would not order him to pay for day care,if you were to have the children all week then that could make a difference as to his having to pay daycare and even then you would need to file a motion asking the court to stipulate him to pay. If you tried to take him to court now from what your saying the court would not make him pay.

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