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Posted about 2 years ago.

There has been the unanticipated change and it is substantial. Now I don't pay anything for child care, when the kids are with me they stay with a family member of mine. The current order states that each party agrees to split child care husband will pay child care when the children are with him wife will pay when they are with her. With that wording can child care still be a part of the calculations? (I'm hoping to have the money for a lawyer in the next couple of weeks, I simply don't have the $$ right now

Kristen Smith-Rodriguez
Kristen Smith-Rodriguez, Family Law Attorney - Titusville, FL
Posted about 2 years ago.

I would argue that her basis in modifying the final judgment is based upon you earning more money for a child support calculation. And I would further argue that the child support and child care provisions are purposedly distinct from one another based on the exact language of the order. I am not a judge, so I cannot tell you what will happen, but I do believe you have a strong case to not be responsible for child care. Of course, if the preceeding sentence was "due to the parties' current financial status....." Then she would have a better argument.