Legal Question in Family Law in Florida

Have a situation regarding a mediation agreement regarding childcare in a divorce case. Both parents work irregular schedules, and it is outlined in the agreement that there is a designated caretaker when both parents work on a weekday. If that designated caregiver tells the mother that she is no longer able/willing to care for the child because it is too much for her, and the mother tells the father that they need to enroll the child in day care and he refuses to listen or cooperate, what happens? He claimed the child didn't need day care. The mother asked what they were supposed to do when they both worked during a weekday, and he told her it was her problem. If in the mediation agreement it says:

The parties agree to share equally the cost of mutually agreed upon day care, preschool, after school care and summer camp for the child.

and the father didn't mutually agree, rather he shut down and refused to talk about it, what happens? The mother enrolled the child in day care hoping that the father would see the benefit and begin payment. After 10 months of his failure to pay she took him back to court. She makes nearly twice his salary, but he agreed to the terms in the mediation agreement. Can he just check out and refuse to agree, even if not enrolling the child in day care would have resulted in nobody caring for the child? How would it be interpreted? Are there any precedents that I can look at? This is Florida Law.


Asked on 10/14/10, 10:26 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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Answered on 10/20/10, 6:32 am


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