|
|
|||||||
|
My STBX says that the child support is for everything and he shouldn't have to pay any extra for sports, clothes, pictures, daycare, etc. He wanted to take our child for April vacation. I told him that was fine as long as he paid for the daycare that week (it has to be paid whether the child is there or not). He refused, saying that is what the child support was for. (Funny thing is, he hasn't paid any child support for almost two months! But that's another story I'm taking care of.) We are still in the divorce process, awaiting trial this summer. We live in Maine. What is the rule on what child support is supposed to cover? |
||||||||
|
|
|||||||
|
Child support is supposed to contribute to clothing, room, board, a modest amount of extracurriculars. It generally excludes child care (for the purpose of attending work or school) and health care. |
||||||||
|
|
|||||||
|
Daycare is included in child support in states: Maine is not one of them. They use an income shares model, which means daycare is paid by percentage, according to the income each parent makes. Medical insurance and co-pays are calculated the same way. As for sports, clothes, pictures (unless they want their own, of course), etc, that is covered under child support. |
||||||||
|
|
|||||||
|
First of all, unless all of those extra's are in the court order, he doesn't have to pay them. Check with your state guidelines, some states add on child care to the child support(they will add on his portion of the childcare to what he has to pay). If this is the case, then file for a modification to add on childcare costs. You will need to provide proof of the cost. |
||||||||
|
|
|||||||
|
It does nto matter whether or not daycare is included. Never, EVER withhold reasonable parenting time from your ex over money. |
||||||||
|
|
|||||||
|
The first thing you need to learn and quick before going to court is that money and visitation is two different things. I understand your frustration but the courts will not when it comes to this. |
||||||||
|
|
|||||||
|
I want to be even harder on this. The courts will be downright mean to people they believe have refused visitation on the basis of not having enough money from the other person. There are a lot of ways to describe it, none of which are flattering... selling the kids, using them as little ATMs, being the gatekeeper for the kids' time ... I've heard a lot of ways of describing it, but the concepts have to be totally separate in your head. let him have vacation, and since April is over, give him extra as make-up time. Offer it before he asks. Don't make him think he has to beg you for time with his own kids. Don't make him think he has to have something special before he gets to spend time with them. Deal with the child support situation separately. When you finally determine support, the child care arrangements will be addressed, either in the formula or as an extra that's separately billed and you each pay a percentage of. The judges do understnad that if you have a contract for daycare, that it probably covers 5 days a week, and does not allow vacations. This is because most daycare facilities hold your place open for your kid and won't be able to re-book some OTHER paying client just becasue your kid doesn't show up for a day or a week. So when they figure out the final support amount, just have the facts available for the judge to put into the mix. But NEVER EVER AGAIN let your ex get a situation to talk to the judge about where you dared to not let him take the child because you wanted to use it as an opportunity to get him to agree to your issue involving money. |
||||||||
|
|
|||||||
|
Gigi & others, I'm sorry, I honestly didn't think of it as refusing my STBX visitation. I was asking for help w/daycare while he had our son. He never got back to me after his initial refusal to help and he actually took our son from the sitter w/out my knowledge on two different days. I also agreed to STBX picking son up early that Friday morning so he could spend more time w/him. It turns out that STBX spent more time w/son than I did that week. Thank you for helping me realize that sometimes things people do come off looking totally opposite from original intention. I will be more careful in the future. |
||||||||
|
|
|||||||
|
It's such an easy mistake to make... it's not a person you really love being with, which is why you're splitting up, and you mgiht not trust him with the child because he's not spent a lot fo time at it before, but unless he's a drug addict, please trust that he will not kill the child so there is no need for you to tell him what to do... unless he asks for suggestions, or unless it's new news, like you just found out that the child is allergic to strawberries, it's not necessary to instruct him like you would instruct a babysitter. He's not your sitter and not intending to interfere when he comes to see the child, he's simply trying to be a parent on his own, separately, this time without you interfering or intervening like you may have gottne used to during the marriage (and I'm not judging here, I'm simply saying that this is a division of labor that lots of husbands & wives fall into... the wives handle certain things and the husbands handle others and they may nag or interfere if either tries to do the other's job for a moment... and you probably think of the children as your job, so it's jus ttoo easy to fall into that habit of directing him on how to HELP you with the job). When you are separated, the parent who previously took a back seat in the partnership needs to step up and be a whole parent, just like you need to step up and pull your own weight financially. You have to find a way to make ends meet without his income (except the child support and kid stuff) and he needs to find a way to spend time with the child without your help/interference. You will have more time to build your career if he takes more time with the child, and he will have a better relationship with the child if he does it, so it's really worth it to try to work this out. SO many fathers become much better parents after a separation when they start to manage parenting on thier own. if your lucky, you ex will start to step up & do well at it also. THe money issues are separate. Frustrating, but separate. Once the parenting issues are worked out and he's more comfortable with the time you're letting him have with the child, then issues of whether he agrees with the daycare arrangements can be discussed with a whole lot less anger and resentment attached. And though he might always not want to pay, he'll find (if you let him research the options on his own) that you cant' get a daycare provider to charge you for just a day at a time... you can't take them otu early and not pay for their time... it's a matter of paying for the time they have booked than for the time they have spent. When he figures it out, he may come to the same conclusions tha tyou have, that your arrangements are the best available for the price... but LET HIM figure this out. Don't get frustrated because he doesnt' understand yet... it's clearly not stuff he's dealt with yet. Let him get a rhythm to the parenting thing and over time it will start to work out... but be very careful... paranoid, even... about connecting HIS TIME with the kids and MONEY you want for them. You'll hear that you get more money from him if you get more time with them, and that's true (not as much money as you spend on them, though...)... but you never want to be suggesting that if he gives you more money, you'll give him more time... I was pretty curt before and I was hoping you'd get the point... and I think you did... but I also wanted you to have an explanation so you'll know WHY. |