Legal Question in Family Law in California
My wife and I are currently separated and she will be filing for divorce in the near future. We have a set schedule for visitation that we have been following and now she wants me to put our kids into childcare on "my" days and says that she will not be financially responsible to pay for their schooling because they are not her days. Is this legal and aren't both parents equally responsible financially for the childrens daycare/school regardless of which day of the week it is?
1 Answer from Attorneys
Both parents are responsible for day care expenses. Child support should be affected by time spent in day care because child support is based upon the time each parent has custody of the children. The time you pay for the children to be in day care should not also be time you are paying for the mother to have custody. This is a little tricky because the computer programs most judges use do not subtract time away from a parent for the time the children spend in day-care. This practice, although common, is clearly not authorized by law. If you do not use competent legal representation, you could end up paying child support for the time you are paying for the children to be in day care.
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