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  1. #1
    Join Date
    May 2010
    Posts
    6

    Default Daycare Co-Pays

    Hi, I'm in California, riverside county. My girlfriend has 50/50 custody of her son with her ex. Their both ordered to pay half of what the other pays for medical bills, but she was wondering, now that her son is on vacation, they changed their time with their son from two days each a week, and alternating weekends, to each parent getting the boy for a full week at a time. Her ex works and has to have him in day care for his Monday though Friday, or basically ten days a week, and he wants half of the day care bill from her. She's currently unemployed, and is available to watch him during the day in lieu of him having to go to day care. Does she have to pay for half the day care bill and if so does she have to come up with that money up front or does she have 30 days to pay her half like she does the medical bills?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Day Care Co-Pays

    Yeap.

    Until she goes to court to modify the court order, whatever that court order says goes.

  3. #3
    Join Date
    May 2010
    Posts
    6

    Default Re: Daycare Co-Pays

    the court says she is responsible for half and she doesn't want to modify the order, just needs to know how long she has to pay that. Is she responsible for her half upfront or within the week, month, year? He is threatening to take it out of her child support if she doesnt pay it NOW!

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Daycare Co-Pays

    Depends on how the order is worded, really.

    And frankly if Dad tries to "take it out of child support", Mom needs to have HIS butt in court. He doesn't get to do that.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Daycare Co-Pays

    Someplace in the CA family code it states that the parent who pays must request reimbursement within 30 days of payment and the other parent must pay them back within 30 days of that request.
    Unfortunately - I can't find the law
    4306? 4603? something like that

  6. #6
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Daycare Co-Pays

    Found this in a previous thread:


    4063. (a) When making an order pursuant to paragraph (2) of
    subdivision (a) of Section 4062, the court shall:
    (1) Advise each parent, in writing or on the record, of his or her
    rights and liabilities, including financial responsibilities.
    (2) Include in its order the time period for a parent to reimburse
    the other parent for the reimbursing parent's share of the
    reasonable additional child support costs subject to the requirements
    of this section.
    (b) Unless there has been an assignment of rights pursuant to
    Section 11477 of the Welfare and Institutions Code, when either
    parent accrues or pays costs pursuant to an order under this section,
    that parent shall provide the other parent with an itemized
    statement of the costs within a reasonable time, but not more than 30
    days after accruing the costs. These costs shall then be paid as
    follows:
    (1) If a parent has already paid all of these costs, that parent
    shall provide proof of payment and a request for reimbursement of his
    or her court-ordered share to the other parent.
    (2) If a parent has paid his or her court-ordered share of the
    costs only, that parent shall provide proof of payment to the other
    parent, request the other parent to pay the remainder of the costs
    directly to the provider, and provide the reimbursing parent with any
    necessary information about how to make the payment to the provider.
    (3) The other parent shall make the reimbursement or pay the
    remaining costs within the time period specified by the court, or, if
    no period is specified, within a reasonable time not to exceed 30
    days from notification of the amount due,
    or according to any payment
    schedule set by the health care provider for either parent unless
    the parties agree in writing to another payment schedule or the court
    finds good cause for setting another payment schedule.
    (4) If the reimbursing parent disputes a request for payment, that
    parent shall pay the requested amount and thereafter may seek
    judicial relief under this section and Section 290. If the
    reimbursing parent fails to pay the other parent as required by this
    subdivision, the other parent may seek judicial relief under this
    section and Section 290.
    (c) Either parent may file a noticed motion to enforce an order
    issued pursuant to this section. In addition to the court's powers
    under Section 290, the court may award filing costs and reasonable
    attorney's fees if it finds that either party acted without
    reasonable cause regarding his or her obligations pursuant to this
    section.
    (d) There is a rebuttable presumption that the costs actually paid
    for the uninsured health care needs of the children are reasonable,
    except as provided in subdivision (e).
    (e) Except as provided in subdivision (g):
    (1) The health care insurance coverage, including, but not limited
    to, coverage for emergency treatment, provided by a parent pursuant
    to a court order, shall be the coverage to be utilized at all times,
    consistent with the requirements of that coverage, unless the other
    parent can show that the health care insurance coverage is inadequate
    to meet the child's needs.
    (2) If either parent obtains health care insurance coverage in
    addition to that provided pursuant to the court order, that parent
    shall bear sole financial responsibility for the costs of that
    additional coverage and the costs of any care or treatment obtained
    pursuant thereto in excess of the costs that would have been incurred
    under the health care insurance coverage provided for in the court
    order.
    (f) Except as provided in subdivision (g):
    (1) If the health care insurance coverage provided by a parent
    pursuant to a court order designates a preferred health care
    provider, that preferred provider shall be used at all times,
    consistent with the terms and requirements of that coverage.
    (2) If either parent uses a health care provider other than the
    preferred provider inconsistent with the terms and requirements of
    the court-ordered health care insurance coverage, the parent
    obtaining that care shall bear the sole responsibility for any
    nonreimbursable health care costs in excess of the costs that would
    have been incurred under the court-ordered health care insurance
    coverage had the preferred provider been used.
    (g) When ruling on a motion made pursuant to this section, in
    order to ensure that the health care needs of the child under this
    section are met, the court shall consider all relevant facts,
    including, but not limited to, the following:
    (1) The geographic access and reasonable availability of necessary
    health care for the child which complies with the terms of the
    health care insurance coverage paid for by either parent pursuant to
    a court order.
    (2) The necessity of emergency medical treatment that may have
    precluded the use of the health care insurance, or the preferred
    health care provider required under the insurance, provided by either
    parent pursuant to a court order.
    (3) The special medical needs of the child.
    (4) The reasonable inability of a parent to pay the full amount of
    reimbursement within a 30-day period and the resulting necessity for
    a court-ordered payment schedule."

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