Legal Question in Family Law in Georgia
I recently got divorced and I am the noncustodial parent of two children. The parenting order specifically says that my ex-wife and I "shall each pay one half of after school care and/or daycare." I interpreted this to mean that there is differentiation between she and I whenever daycare must be used for the care of the kids, and that we each will split the cost. However, her attorney says that the court interprets this to mean that I am solely responsible for daycare costs when it is during my visitation time. When daycare is used on her time, however, I am responsible for half the cost. Her attorney says "this is to prevent unscrupulous noncustodial parents from at-will running up childcare cost while the noncustodial parent receives 100% of the benefits of the childcare by receiving overtime wages or having nights out on the town."
I don't see this as fair. And if this is how courts interpret it, why was it not written this way in the order. I'm very confused.
2 Answers from Attorneys
No one here has read your entire parenting plan, divorce decree and agreement, all of which way affect the answer. Your lawyer has and should be able to address this for you.
To be interpreted the way the attorney is stating, there must be something else in the documents. If it were just this one sentence, which is unlikely, you would equally split the cost. If there is something else about you being responsible when the children are with you, then that is different. I suggest you ask your attorney and if you didn't have one, take the documents to an attorney for his/her interpretation.
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