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Payment for Child Care During Periods When Visitaiton Isn't Exercised

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  • 05-28-2013, 09:05 AM
    Greg1978
    Payment for Child Care During Periods When Visitaiton Isn't Exercised
    My question involves child support in the State of: Florida

    Hello,

    I have two little kids, (5 and 3), they live with their mom.

    They usually spend every other weekend with me, and one or two evenings during the weekdays.

    I am leaving for seven weeks during the summer, and now their mother is requesting that I pay "all the daycare" fees during the times and days I will be absent.

    Is that fair?

    How does this work?

    Do I owe her extra money when I am away?

    How would this work if there was a court case?

    Thank you.
  • 05-28-2013, 09:07 AM
    Mr. Knowitall
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    You will start by reading your court order, and see what it says about payment for child care and how that payment is to be divided. If you don't get your answer from your order, you will need to share that language with us.
  • 05-28-2013, 09:20 AM
    Greg1978
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    Thanks.

    There is no court order.

    I'm curious as to how these issues would be usually resolved.

    Additional payment or not?

    - - - Updated - - -

    I've been thinking of perhaps offering $300 more a month, but that is it.
  • 05-28-2013, 11:18 AM
    SESmama
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    Quote:

    Child care costs incurred due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be added to the basic obligation.
    See item (7) at
    http://www.leg.state.fl.us/statutes/...s/0061.30.html

    Average daycare costs can run anywhere from $90-$165 per week. Most daycare centers require a full week even if the child only goes 3 out of the 5 days.
  • 05-28-2013, 11:26 AM
    jk
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    a parent is not typically required to pay for additional day care expenses cause by them not exercising their visitation specifically. Day care is generally addressed as a situation in whole.

    Since there is no order, at the moment, there is no requirement you pay any of the day care expenses. Unless your actions actually cause her day care costs to increase, I would not offer anything.
  • 05-28-2013, 11:38 AM
    Greg1978
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    Thank you.
  • 05-28-2013, 11:42 AM
    llworking
    Re: Does the Custodial Parent Get Additional Support if Visitation Isn't Used
    Quote:

    Quoting jk
    View Post
    a parent is not typically required to pay for additional day care expenses cause by them not exercising their visitation specifically. Day care is generally addressed as a situation in whole.

    Since there is no order, at the moment, there is no requirement you pay any of the day care expenses. Unless your actions actually cause her day care costs to increase, I would not offer anything.

    I have actually seen quite a few orders where parents have been required to arrange and pay for child care if they are not exercising their parenting time. Each situation has been a case where the parent choosing not to exercise parenting time directly impacts the other parent's employment/ability to earn a living.

    I have also heard one family law attorney say that the type of custody also impacts that issue. That if the parents have joint legal and physical custody (no matter what the timeshare is) then that makes each parent responsible for the children on their parenting time.
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