Non-Custodial Parent is Not Following Court Order
My question involves child support in the State of: Florida
I just went to court April 22,2015 for modification of child support and retro active child support. The hearing went in my favor since I have sole custody of both of are boys who are 5 and 7 years old. The judge granted me modification of child support and his wages are to be garnished. He also ordered for my ex to directly pay the daycare his half of daycare expenses. The judge did not add the daycare expenses to child support due to the fact I was anticipating to change the children to another daycare. We received through the mail the final findings and judgement of the judge and it stated clearly starting May 2015 my ex was to start paying his portion to the daycare. I've been at the same daycare 3 years now and never had a problem. I have always paid the daycare on time. My youngest was suppose to have his VPK ceremony and reception which I paid a fee for the reception. The daycare did not allow my son to graduate with his class due to the fact my ex didn't pay his half of the daycare expenses. According to the daycare rules each child's balance needed to be up to date in order to walk with their class. Even though I presented the court order to the daycare they said there was nothing they could do. My ex finally paid his portion of the daycare expenses. But due to the unfairness of the daycare of not letting my child not graduate and breaking his heart I moved my children to another daycare. I've been trying to get in communication with my ex to inform him of his portion of daycare expenses for the new daycare is due this Friday. He has not responded and I'm almost certain he will not pay the daycare in time again. With this daycare the penalty of non payment on the due date is refusal of taking care of the children. My ex is extremely irresponsible and selfish. I'm stressed out and confused of what action to take now. I'm a single parent and only make enough to make ends meet. I cringe at the thought I have to pay another $200 pocket cost again, miss work all due to the irresponsible parent. I just went through this, wheres the justice with the responsible parent? What can I do?
Re: Non-Custodial Parent is Not Following Court Order
You switched daycare centers because they wanted to get paid?
You couldn't pay it yourself?
Pay the daycare people. They're not party to your order; your remedy is to file for contempt.
Re: Non-Custodial Parent is Not Following Court Order
It was $500 dollars so no I didn't pay, that wasn't my portion to pay. I pay my portion directly to the daycare I'm not responsible for the other parents half. Plus I don't have that kind of money just lying around. And my ex did pay for the daycare after the graduation past. Also I moved the children from the daycare because they were holding me responsible for his half. I had a court ordered stating my ex was responsible for his half. My child and I paid the consequences, all my payments were up to date. They should of contacted him and seek payment through him. If I was responsible with my payments why did my child have to pay for the consequences. So there is no other alternative then to go to court again for the same reason I went in the first place? I will file for contempt.
Re: Non-Custodial Parent is Not Following Court Order
Because once more, the daycare center is not part of your court order, and they just want their money - if they don't get it, they have every right to withhold certain things.
It was not the daycare's job to track down your ex.
Re: Non-Custodial Parent is Not Following Court Order
This is a really sad situation. You need to be prepared to pay his part, if you want the daycare to keep the children and if you don't want them missing out on other things
Maybe you can go back to court with proof that Dad isn't paying on time and it is jeopardizing the children being in daycare. Daycare looks to you for payment of the services.
Re: Non-Custodial Parent is Not Following Court Order
Quote:
Quoting
mia171
It was $500 dollars so no I didn't pay, that wasn't my portion to pay. I pay my portion directly to the daycare I'm not responsible for the other parents half. Plus I don't have that kind of money just lying around. And my ex did pay for the daycare after the graduation past. Also I moved the children from the daycare because they were holding me responsible for his half. I had a court ordered stating my ex was responsible for his half. My child and I paid the consequences, all my payments were up to date. They should of contacted him and seek payment through him. If I was responsible with my payments why did my child have to pay for the consequences. So there is no other alternative then to go to court again for the same reason I went in the first place? I will file for contempt.
WRONG. You are the one who contracted with the day care so therefore YOU are the one who owes the daycare the entire fee. Your ex through court owes half but the daycare does NOT go by your court order. They were holding you responsible for what you contracted to pay with them. The daycare doesn't have to hunt down your ex when you are the one who signed the contract. You were not responsible for that which you contracted to pay. You shirked your responsibility to the daycare just like dad shirked his responsibility to the court order.