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Mother Stopped Using Child Care But Father Continued to Pay

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  • 01-25-2013, 09:23 AM
    Novice
    Mother Stopped Using Child Care But Father Continued to Pay
    My question involves child support in the State of: NJ

    Hi - Hopefully this is a quick question.

    Matrimonial settlement specifies that mother and father each pay 50% of necessary day care costs. Post settlement, the parties could not agree on what necessary day care costs were - Mother argued that before and after school care were required in order for her to be able to work, and father argued that only after school care was necessary, and that mother could adjust work schedule, as father does, to ensure that child only needed day care after school.

    Court issued an order in mother's favor and ordered that father pay a monthly amount for day care that provided for both before school and after school care. Day care monthly figure was established as a separate figure from regular support, but both are now rolled into a single monthly billed amount by county probation dept.

    Mother subsequently stopped sending child to before school care, without notifying father. Father learned from child and confirmed with day care provider. Mother continues to collect full support amount from day care.

    Is modification warranted because of this?
    Is mother considered to be in contempt for this action?
    If mother claims that the situation is short term (has been occurring for the past month), is father entitled to a refund for the period that the funds allocated and ordered specifically for day care were not applied for that purpose?

    Thank you.
  • 01-26-2013, 04:57 PM
    Mr. Knowitall
    Re: Mother Stopped Using Child Care But Father Continued to Pay
    Unless dad wants to keep paying the money, he would want to move to modify the order.

    Why do you believe that mom would be in contempt of court? What court order do you believe she is violating? Quote the language of the order you believe that she's violating.

    Perhaps the situation is short-term. You have chosen not to share the relevant facts. I cannot read the order from here, but I doubt it specifies hours.
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