Legal Question in Family Law in Illinois

Child support and daycare expenses
I currently pay child support and daycare expenses for my 2 daughters ( 12 and 9 ). These are 2 separate line items in the decree. My ex says that she will no longer be sending them to daycare and that the extra money will go into bank accounts for the girls. I asked why I couldn't do that, and she said to consider it my increase in support. That wouldn't even be close. Then the usual insued... threatening lawyer action, and revisiting issues that were resolved. And of course, the girls hear that daddy is taking things away from them. I claim on of the girls on my taxes and write off the daycare expense. If I continue to do this when there is no daycare provider, can I use my ex's information since she is given the money by me and it is earmarked for daycare? Does she have to surrender the money back to me since it is separate from child support? What would my options be?

Asked on 4/18/05, 5:34 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: Child support and daycare expenses

In my opinion you should go back to court and

ask that the court order be modified so that

you will be excused from paying for daycare that

your children do not use. It is very important

that you do this immediately to protect yourself.

Even if the situation appears innocent, money that is being misused is a problem. Take action

now so that the court will know and so that you

will be protected. I will be happy to answer

any additional questions that you have at this

time.

Answered on 4/19/05, 2:15 am

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