Legal Question in Family Law in Utah
Daycare for Extended Visitation
My wife does not work. She has three children with her ex-husband. He would like to take the children for her summer extended vacation. By doing this we will have to leave the children with a daycare provider. In our home we do not have to pay for daycare. Will we have to pay for half of the daycare when they are with him, even though we do not have that expense when they are not with him. It is his choice and his expense
1 Answer from Attorneys
Re: Daycare for Extended Visitation
Can your wife take care of the children when they would be in daycare? Thus the children get to spend time with their mother, and still be with the father when he is available, and save the expense. Plus the children will have far better care than at a day care center.
Often when the non-custodial parent has the children for extended periods of time, child support payments are discounted or suspended. In lieu of making child care payments, your wife could (and should) lower the amount of the child support payments she takes.
Absent a court order, your wife cannot be compelled to change anything that is currently ordered. The divorce decree and parenting plan should have covered this contingency.
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