Legal Question in Family Law in Florida
I am the non-custodial parent. I share a child 40/60 and part of the child support I pay includes additional money for childcare. We both work. She got mad and pulled the child out of daycare. I still needed daycare, so I had to enroll the child back in the same daycare and pay the daycare. So, now I am paying daycare twice. We are in the middle of negotiating our paternity case. She seems to think she does not owe the overage in childcare back to me. I am looking for something that I can state and hang my hat on. That says yes, she owes it back to me. Something like support that is paid to the mother is not being used for the child. Only the childcare expenses. The other portion I understand she can use how she wants.
1 Answer from Attorneys
Hey--I'll submit my answer in case you haven't already gotten one.
You say you are in the middle of negotiating the Pat. case. Is there a temporary court order requiring support? If so, I think you need to file a petition to modify the support. For a modification, you have to prove there has been a substantial change in circumstances. I don't know how much the child care was, but if it's included & she's not paying it & you are paying it, I believe the amount of $ involved would be a "substantial change in circumstances". Also, I would hope a judge would understand what has happened & grant the petition.
I dont believe you can get court to order her to reimburse you-there is no Order modifying the support. As soon as you file a petition, that would be the date in the Order to retroactively lower the support. Any monies overpaid after that date may be offset from future support pymts.or reimbursed.
'Hope this helps. If my office can be of assistance, give me a call.
Tom R.
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