My question involves a child custody case from the State of: Nebraska
My son’s father and I have been separated for about a year now. On July 15 a court determined that he has to pay child support, 50% of all necessary work and employment related daycare costs and non-custodial has to put child on his health insurance. I have been on a daycare subsidy program for the past 6 months because my son’s father refused to help pay daycare costs. I was paying $50/week out of the $130 that daycare provider charged. When the court order came through I contacted our local DHHS and made them aware that non-custodial was to pay 50% of daycare costs so now they are only helping me pay my half. The problem is non-custodial believes he is entitled to pay only what I pay out of pocket so he only wants to pay half of his half and have me pay the other. However, I do not think that even makes sense because he won’t apply for the subsidy because he makes too much money and I only qualify because I am low income and in my last year of school. Under the rules and regulations for title X it says :
3-005.03C5a(1) Percentage Obligation: When the court order states that the non-custodial parent must pay a percentage of the child care expenses, the worker determines the non-custodial parent's portion based on the total charges. If the non-custodial parent fails to pay his/her portion of the child care, see 392 NAC 3-005.03C5a(2).
Has anyone had experience with this? I am almost certain our lawyers will have to go back in front of a judge but I am trying to figure out how things like this usually work. It seems like if my parents gave me the money to cover daycare expenses that would be fine but because the state is helping me the non-custodial feels like he should get the same benefit? We both have lawyers and I showed this to mine but she does not have a lot of experience with Title X issues.
Thank you.

