Legal Question in Family Law in New York
daycare vs camps
Ok my husband has to pay 60% of anything incurred such as daycare, uninsured medical expenses. well our problem is that daycare should not be paid for since I (the childs stepmother stays at home with our other kids). The mother refuses this so we have to pay 60% of whatever daycare or program she puts him in. currently she has him in an before and after school program to use as daycare. Now when he has school vacations she puts him in weekly summer camp type of things. They are labeled as camps, not daycare. So in NY state are we liable to pay the 60% of things not considered daycare for my husbands 8 year old son? The only thing the divorce decree states is to pay 60% of daycare.babbysitting, so at what point is int an extra curiccular activity program and not daycare?
2 Answers from Attorneys
Re: daycare vs camps
Hi:
You really should speak with an attorney. What needs to be done is examine the language of the settlement document, together with an analysis of the facts, and if waranted
and the settlement agreement is incorporated rather than merged, then an action can be commenced for clarification and modification of the agreement.
Good Luck
Re: daycare vs camps
Your husband appears to be "properly" charged with paying HIS pro rata share of child support "Add On" costs.
Reasonable "Child Care" "Add On" costs a parent can be ordered to share and pay, include but are not limited to Day Care, Day Camp, music, gym, art and sports lessons, teams, summer camp, after school, private school, and other programs, as may be important to the child or deemed necessary.
Your husband's EX, IS entitled, to decide what is best for Herself and her child, re her child's daily activities, education socialization, etc.,w/o Your input or consideration of what you may want or think best for Your family.
Thus, IT IS unreasonable to expect that your husband's Ex should be (or will be) compelled (by any Court), to use you, the stay at home stepmother, as her babysitter, day care, or day camp provider.
Good luck,
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