Legal Question in Family Law in Michigan

re: child care/daycare expenses

I have joint legal/physical custody of my 2 children and there is no child support paid by my ex-wife or myself. However, I am responsible for paying 50% of daycare expenses. My question is this: On the days that I have my children, I do not need daycare. I have arrangements with family who provide free daycare. My ex works and needs daycare on a couple of the days she has the children. Am I still responsible to pay half of the daycare expenses, even though I do not need daycare? According to our final judgement, we pay for the care of our children when they are in each of our repective ''posession''. I do not however need to provide daycare for them, as mentioned above. Am I still responsible to pay daycare expense for my ex-wife to work. There is no order for spousal or child support. Thank you!!


Asked on 6/18/04, 3:06 pm

3 Answers from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: re: child care/daycare expenses

If the order states that bioth you and your ex are responsible for 50% of the child/day costs then you must pay 50% of those costs. You can always go back to court to have the changed but I believe based on the facts as you have presented them that you would not win and might open yourself to paying more money out in some form of support. Now if your ex is not working, looking for work, or going to school there shouldn't be a need for day care. If this is what is happening now go to court and the order would probably be changed. Good luck.

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Answered on 6/18/04, 10:03 pm
Blake Lipman Law Office of Blake P. Lipman

Re: re: child care/daycare expenses

It all depends on the exact language of your divorce judgment. For more info. please contact my office at (248)851-3171.

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Answered on 6/20/04, 9:47 am
William Stern William Stern, P.C.

Re: re: child care/daycare expenses

Without a court order addressing the issue, you are not under any obligation to pay daycare. If she puses it, mu guess is the court will order you to pay 1/2 of her day care. Bill Stern 248-353-9400

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Answered on 6/19/04, 7:33 am


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